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(영문) 서울중앙지방법원 2012.06.28 2010가합61804
부당이득반환
Text

1. The defendant set forth in the annexed sheet (1) "Plaintiff" as the "amount of unjust enrichment" as stated in the annexed sheet is based on the "amount of unjust enrichment."

Reasons

1. Basic facts

A. The Plaintiffs (excluding Plaintiff AO) and AP (hereinafter “Plaintiffs, etc.”) included each real estate in the project district for AP urban development projects executed by the Defendant, as stated in the attached Form (3) of the sale details table in the sale details table, in which each real estate owned by them was included in the project district for AP urban development projects.

B. The Defendant notified the Plaintiff, etc. that he is eligible for special supply housing units under the Regulations on Special Supply of National Housing to the Residents of the Seoul Special Metropolitan City (hereinafter “Special Supply Regulations”), and accordingly, the Plaintiff, etc. applied for the application to the Defendant for special supply housing units, and the Plaintiff, etc. sold the Gangdong-gu Seoul Metropolitan Government AR apartment units (hereinafter “each special supply housing unit of this case”) as indicated in the attached sale statement.

C. On February 17, 2009, AP transferred the status of the instant sales contract to Plaintiff AM. On April 10, 2009, PlaintiffN transferred the status of the instant sales contract to Plaintiff AO on April 10, 2009, and obtained approval from each Defendant.

The Plaintiffs acquired ownership of each of the special housing units of this case after fully paying the purchase price to the Defendant in accordance with the sales contract stated in the attached Form (3).

E. 1) On November 10, 2003, the Seoul Special Metropolitan City Mayor appointed the Defendant as the project implementer while approving the designation of an urban development zone and development plan for A Q urban development project. On December 24, 2004, the Defendant approved the Defendant’s implementation plan for an urban development project on December 27, 2004. 2) The A Q Q urban development project was carried out from November 10, 2003 to December 31, 2009, and the Defendant sold apartment units with 2,31 households including each of the instant special housing in Gangdong-gu Seoul Special Metropolitan City (the exclusive use area of 59С, the exclusive use area of 1,978 households, the exclusive use area of 114С and the exclusive use area of 53 households).

3. On October 8, 2004, the defendant publicly announced a compensation plan for AP urban development projects and around that time.

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