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(영문) 서울고등법원 2015.01.14 2013나2024342
부당이득금
Text

1. Of the judgment of the first instance against the Plaintiff L, F, G,O, Q, S, AC, I, AE, H, BV, B, and J, the relevant part of the judgment against the said Defendants.

Reasons

1. Basic facts

A. The remaining Defendants except for Defendant SP Corporation implemented by the Defendants are local governments, and the head of the local government becomes the project implementer and implement the relevant public works specified in the separate public works list. However, in this case, even if the contents refer to the head of the local government, who is the project implementer, the Plaintiffs are referred only to the relevant Defendant, a local government

Attached Form

In order to implement each public works listed in the corresponding column of the list of public works (hereinafter referred to as "each public works of this case"), each person provided real estate owned by him/her.

Plaintiff

In the case of A, the husband provided a house owned by B to the relevant public works, and thereafter, after the death on August 6, 2006, the rights of B, which came to exist to the relevant project operator, were inherited to the said plaintiff.

The term "B" is referred to as "A for convenience" even in the case of "B".

B. On December 6, 2002, Defendant SAB implemented the housing site development project to newly construct, lease and sell a total of 5,592 apartment units on a national housing scale (2,805 rental apartment units, 2,787 units) in Gangseo-gu Seoul Metropolitan Government CDA (hereinafter “E zone”) designated as the planned area for housing development.

C. The Defendants agreed to specially supply E district apartment units to those who provided real estate for each of the instant public works pursuant to the Regulations on Special Supply of National Housing to the Residents of the Seoul Special Metropolitan City (Rules 3305, hereinafter “Rules on Special Supply”). From around 2003, they received the application from the Plaintiffs falling under Article 5 of the Rules on Special Supply of Housing.

The plaintiffs are the same contents as in the separate claim, the appeal, and a summary of the cited amount in the E-district apartment between Defendant E and Defendant E-H from 2007 to 2008, and as in the column of “sale price”.

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