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(영문) 광주고등법원 2015.07.15 2013나5052
부당이득금반환 등
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. Defendant’s acquisition of a housing construction project and new construction of apartment units 1) Do-do comprehensive construction company (hereinafter “Do-do comprehensive construction”).

B) Between Korea and Korea Land Corporation on September 9, 2002, there is a lot of land 32,676.2 square meters (hereinafter “C land before division”) located in the EL complex that was developed and created by Korea Land Corporation prior to the subdivision.

A) A sales contract was concluded to purchase the apartment by designating the purpose as a site for multi-family housing, and 592 households, 592, 15 stories above the ground of the above land (hereinafter “instant apartment”).

A) Around June 30, 2004, in order to newly build a housing construction project, the head of the relevant Gun completed the construction project plan’s approval pursuant to Article 16 of the former Housing Act (amended by Act No. 7335 of Jan. 14, 2005). (2) Around September 2005, the Defendant entered into a housing construction project agreement with the present comprehensive construction and the present comprehensive construction to ensure that the Defendant will succeed to all rights and obligations relating to the instant apartment construction project from the present comprehensive construction, and completed the registration of ownership transfer under the name of the Defendant as to the land before the division, after entering into a contract with the Korea Land Corporation and the present comprehensive construction on September 13, 2005 with the content that the Defendant will succeed to the purchaser’s status under the sales contract for the land before division.

3) On July 10, 2007, the land prior to the division was divided into the EM 656.6m2 and the EN 135m2 in the Jeonju-gun, Jeonju-gun, Jeonju-gun, Jeonbuk-gun, and the EN 135m2m2 in the previous North Korea on July 26, 2007.

4) The Defendant completed the instant apartment in the instant housing site with the funding from the National Housing Fund. On August 20, 2007, the Defendant obtained approval for use from the head of the complete Gun, and completed the registration of preservation of ownership in the name of the Defendant on the same day.

The sale area of the apartment of this case and the house type 25 square meters and 35 square meters.

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