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(영문) 서울고등법원 2016.11.10 2016나2018607
부당이득금
Text

1. All appeals filed by the plaintiffs are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiffs provided the said real estate owned by each of the following subparagraphs when they were incorporated into the project districts of each of the projects executed by the project implementers listed in the “project implementer” column (hereinafter “each of the instant projects”).

[Attachment 1] The head of the Defendants, who is a local government project implementer and is the head of the local government, is the project implementer (administrative agency) and implements the relevant project. However, even in cases where the contents refer to the head of the local government, who is the project implementer, the owner of the real estate project, the date of announcement of the authorization

1. The Mayor of the Seoul Jongno-gu Seoul AP on April 3, 2008 and the Mayor of the Seoul Jongno-gu Seoul AP on November 24, 2005 and the Mayor of the Seoul Metropolitan Government on the 101st AP on April 3, 2008 and the Mayor of the Seoul Metropolitan Government on the 5th East AP green development project.

B. On December 6, 2002, E.S. Corporation implemented a housing site development project to newly construct and lease housing units on a total of 5,592 households of national housing (house units 2,805 units of rental apartment units, apartment units 2,787 units of apartment units (hereinafter referred to as “N district apartment units”) located in Gangseo-gu Seoul Metropolitan Government LM large scale 600,323 square meters (hereinafter “N district”) designated as a planned housing site development district (approval of housing site development plan on September 27, 2003).

C. The Defendants, from around 2003, received an application from Plaintiff E and H, falling under Article 5 of the Special Supply Rules of this case, to specially supply the N Area apartment in accordance with the “Rules on Special Supply of National Housing to the Withdrawn in Seoul Special Metropolitan City (Rules 3305, Seoul Special Supply Rules; hereinafter “Rules on Special Supply”).

Plaintiff

E and H each of the instant cases between from around 2007 to 2008 and the Defendants entrusted with the special supply of national housing by the Defendants to E and H with respect to the N district apartment as described in the following [Attachment 2].

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