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(영문) 서울중앙지방법원 2016.05.27 2015가합526788
부당이득반환청구의 독촉사건
Text

1. The defendant 30,734,855 won to the plaintiff A, 38,230,140 won to the plaintiff B, 31,543,424 won to the plaintiff C, and 34,43.

Reasons

1. Facts of recognition;

A. On February 25, 2004, the Defendant was designated as the executor of the I Urban Development Project (hereinafter “instant project”) whose business area covers FGdong, Hdong, 3,593,000 square meters in Eunpyeong-gu Seoul Metropolitan Government public notice E, and announced the relocation measures for the instant project on October 19 of the same year.

B. On January 10, 2008, the Defendant announced the special supply (hereinafter “instant special supply”) of housing to be created as the instant project to those subject to relocation measures due to the instant project. The sale price for the instant special supply was determined as the same amount as the sale price for the general sale.

C. The Plaintiffs applied for special supply according to the above public notice and concluded each sales contract as listed below and completed the registration of ownership transfer after paying the sales price.

Plaintiff

A A A on May 7, 2010, the Special Supply Receipt and Sale Price for the Object of sale in lots, the Dong project district, the housing site ownership transfer registration date, the housing site shares (supply area) 1 A on May 7, 2010, J District 9 Complex 537 Dong 601 Dong 73.4 377,908,000 on December 22, 2010, 13 K District 721 Dong 202, 91.3475,672,000 on June 25, 2008, 7202 Dong 13 Housing Complex 7202 Dong 91.3475, 672,000 on July 33, 2008, 200 CJ District 238 Dong 2381, 349, 201, 2012, 205 D 48, 25, 2010

As for the plaintiffs, L, et al., who received the special supply of this case as the relocation measures, was a method of the relocation measures on February 1, 2008, and thus, the special supply of this case is a method of the relocation measures, so the basic living facilities shall be installed and provided at the cost of the project operator pursuant to Article 78 (4) of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 8665 of Oct. 17, 2007). The defendant received the same sale price from those subject to the relocation measures and transferred the cost to those subject to the relocation measures, claiming that the amount equivalent to

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