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(영문) 서울고등법원 2018.07.12 2014나2048277
부당이득금반환
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. Plaintiffs CB,CC, CD, CE, CF.

Reasons

1. Basic facts

A. 1 Plaintiffs, except for the Defendants’ Seoul Housing and Urban Corporation, are local governments, and the head of the local government becomes the project implementer and implemented the relevant public works specified in the list of the public works set forth in the attached Table 3. However, in this context, even if the meaning of the head of the local government, who is the project implementer, refers to only the relevant Defendant, a local government

Attached Form enforced in this Sub-Section

3. In the case of Plaintiff F’s ownership of the pertinent public works as indicated in the list (hereinafter collectively referred to as “instant public works”), G provided housing owned by him. G died on September 20, 2006.

In the below, G refers to Plaintiff F for convenience even in case of G. G.

The residential building was provided.

2) Accordingly, in accordance with the National Housing Special Supply Plan by Defendant Seoul Metropolitan Government, the Defendants are each entitled to the housing site development district in Gangseo-gu Seoul Metropolitan Government A and B Housing Site Development District (hereinafter “C District”).

(B) The following B-1) agreed to specially supply the apartment of the scale of national housing to be constructed as described in paragraph (1) below. On May 22, 2002, the designation and public notice of the planned housing site development area was made on May 22, 2002, and from around 2003, the Seoul Special Supply Rules for the National Housing to the Withdrawn (Seoul Special Supply Rules No. 3305, hereinafter referred to as the “Special Supply Rules”) received an application for special supply for the national housing in C district from the subjects of supply.

B. In the C district designated as a planned area for housing site development on December 6, 2002, the defendant Housing and Urban Corporation (hereinafter referred to as the "C district apartment"), as follows, shall be an apartment of national housing size (hereinafter referred to as the "C district apartment"):

(1) The relevant public works specified in the list of the public works in the attached Form 3 of the Seoul Housing City Corporation are applicable to the housing site development project including the new construction and lease and sale of housing site development projects (hereinafter referred to as "public

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