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(영문) 서울고등법원 2014.01.09 2012나71772
부당이득금반환
Text

1. Of the judgment of the court of first instance, the defendant who ordered the plaintiff A to pay more than the following amount.

Reasons

1. Basic facts

A. On December 26, 2001, the Minister of Construction and Transportation designated D, E, F, G, H, J, J, K, L and N as a planned area for the development of a housing site under the Housing Site Development Promotion Act. Around that time, the project implementer was designated as a planned area for the development of a housing site under the Housing Site Development Promotion Act for the defendant (the Korea National Housing Corporation and the Korea Land Corporation were newly incorporated as the defendant on October 1, 2009; hereinafter referred to as the "defendant"), Gyeonggi-do, and Sungnam-si. Around December 2003, the Minister publicly notified the approval of the development plan and the approval of the implementation plan on December 30, 204, respectively.

(hereinafter referred to as “instant housing site development project”). (b)

(1) On October 2003, the Defendant decided to specially sell the site for a detached house within the instant housing site development project zone to the persons selected as the person subject to relocation measures as part of the relocation measures against the residents who lose their base of livelihood due to the expropriation of the relevant housing site or land, etc. as the housing site development project zone was incorporated into the instant housing site development project zone. Accordingly, the Defendant publicly announced the “O housing site development project and compensation guidance.”

(2) The Defendant supplied one parcel of 230 square meters to the original person subject to relocation measures at a level below 80% of the development cost (based on the amount obtained by deducting the installation cost of basic living facilities from the development cost), and publicly notified that the portion exceeding the above area inevitably exceeds the above area due to the circumstances under which the ownership is to be demarcated should be supplied as appraisal price. On November 2006, the supply price of the housing site of migrants is reduced up to 265 square meters, and the portion in excess is approved by the Minister of Construction and Transportation as to the housing site supply plan that includes the contents that the housing site is supplied as appraisal price

(3) The plaintiffs succeeded to the rights and obligations under the sales contract from the parties who entered into the sales contract with the defendant as follows. The defendant shall pay each of the following amounts to the defendant by the payment date stated in the "final payment date" column.

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