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(영문) 서울고등법원 2015.12.11 2013나39898
채무부존재확인 등
Text

1. Of the first instance judgment on Plaintiff A, B, E, G, H, I, M, and Q, the following amount of money for which payment is ordered.

Reasons

1. Basic facts

A. Attached 2. The buyers listed in the column for the public works list (hereinafter “the buyers of this case”) were incorporated into the project district of each public works listed in the same Table (hereinafter “each public works of this case”) and provided their own housing, land, etc. for each public works of this case as the housing, land, etc. owned by them were incorporated into the project district of each public works listed in the same Table.

B. The Defendants, in accordance with the Rules on Special Supply of National Housing (amended by Seoul Special Rules No. 3616, Apr. 10, 2008; hereinafter “instant Special Supply Rules”), intended to specially supply national housing to the buyers of the instant case in the Gangdong-gu Seoul Metropolitan Government Urban Development Project District (hereinafter “instant project district”) and publicly notify them to file an application therefor.

C. From November 2003 to December 2009, E.S.: (a) newly constructed and sold apartment units with 2,331 households (300 square meters of exclusive use area, 59 square meters of exclusive use area, 84 square meters of exclusive use area, 114 square meters of exclusive use area, 53 units of exclusive use area) in the instant project district; (b) each buyer of the instant case determined as being subject to special supply, and each apartment unit with attached Table 1 on the calculation sheet of unjust enrichment (hereinafter “each sales contract of this case”); (c) concluded a sales contract for each apartment unit as indicated in the calculation sheet of unjust enrichment; and (d) the site area and the sale price of each apartment unit are as indicated in the corresponding column of the calculation sheet of unjust enrichment.

On the other hand, Plaintiff D, E, F, H, I, K, N,O, and P succeeded to the rights and obligations of each of the instant buyers, among all of the instant buyers, and obtained approval from EP.

E. Since then, the Plaintiffs paid the sales price under each of the instant sales contracts, and completed each registration of ownership transfer for the apartment purchased in lots.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, 3, 4 (including each number; hereinafter the same shall apply), Eul evidence 4, 5, 7, 13.

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