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(영문) 서울중앙지방법원 2016.02.16 2013가합503149
부당이득금
Text

Plaintiff

A, B, C, D, Plaintiff E, F, Plaintiff G, Plaintiff H, Plaintiff I, J, Plaintiff K, Plaintiff K, Plaintiff L, respectively.

Reasons

1. Basic facts

A. The remaining Defendants except the Defendant Korea Land and Housing Corporation, implemented by the Defendants, are local governments and the head of the local government is the project implementer and attached Form.

4. Although the relevant public works specified in the detailed list of implementation of the public works by the defendant were implemented, in cases where the contents thereof refer to the head of a local government who is the project implementer, only the relevant defendant, who is a local government, for convenience.

Attached Form

4. Each of the public works in the corresponding column of the performance list of the public works by Defendant (hereinafter “each of the public works in this case”) provided real estate owned by each of the parties.

B. On December 6, 2002, E.S. Housing Development Project implemented a housing site development project by constructing and selling housing units (hereinafter “AJ district”) with a total of 5,592 units of national housing units (2,805 units of rental apartment units, 2,787 units of rental apartment units) in Gangseo-gu Seoul Metropolitan Government, a total of 600,323 square meters (hereinafter “AJ district”) designated as a planned area for housing development (approval of housing site development plan on September 27, 2003).

C. The Defendants decided to specially supply AJ district apartment housing in accordance with the Regulations on Special Supply of National Housing (Rules 3305, hereinafter “Rules on Special Supply”) to the persons who provided real estate for each of the instant public services, and received the application from the Plaintiffs falling under Article 5 of the Rules on Special Supply from around 2003.

The plaintiffs from around 2007 to 2008, with respect to E.S. AJ apartment entrusted by the defendants with the special supply of national housing and AJ district apartment.

3. After entering into a sales contract with the same content as that stated in the claim amount and the quotation amount sheet (hereinafter “each of the sales contracts in this case”), the sales contract was concluded, and all of the sales price under the sales contract in this case was paid and the apartment unit sold in this case was occupied.

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