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(영문) 서울고등법원 2018.07.12 2015나2012855
부당이득금
Text

1. The part against the plaintiffs in the judgment of the first instance, including the extension and reduction of claims in the trial, is as follows.

Reasons

1. Basic facts

A. On November 10, 2003, the Seoul Special Metropolitan City Mayor approved the designation and development plan of the urban development zone as a public notice AA of Seoul Special Metropolitan City on November 10, 2003, the name was changed from the Seoul Special Metropolitan City Urban Development Corporation to the Esa on March 17, 2004, and the Seoul Housing Corporation on September 1, 2016.

The term "outboard construction" in total below shall be "outboard construction"

) A X urban development project (hereinafter “instant project”)

The project implementer was designated on December 24, 2004, approved the housing construction project plan on December 27, 2004, and approved the implementation plan for the urban development project of the non-party construction project on December 27, 2004. 2) The non-party construction project newly built and sold apartment houses with 2,31 households (30 households with exclusive use area of 59 square meters, 84 square meters, 978 households, 114 square meters for exclusive use area) in the X urban development project area (hereinafter “X project area”).

B. AB business 1) The Defendant is the Seodaemun-gu Seoul Metropolitan Government Construction Work for the Construction of Road between T-U-Road (hereinafter “AB Business”) containing the 29m2 in the business district.

(2) On April 1, 1988, the Plaintiff C resided in the said housing from March 31, 1983 to August 19, 2008, with the Seodaemun-gu 145 square meters in Seoul, Seodaemun-gu 5 square meters (in 290,000 square meters, divided into the land) and its ground.

3) On May 23, 2008, the Defendant acquired 29 square meters of the above land and its ground land from the Plaintiff C, and arranged Nonparty Corporation to sell apartment buildings within the instant X area. Accordingly, on March 24, 2009, Plaintiff C purchased Y apartment 911 Dong 1004 in Gangdong-gu Seoul within the instant X area by special supply method, and paid the sales price to the Nonparty Corporation. (C) The Defendant paid the sales price to the Nonparty Corporation. (C) On May 23, 2008, the Defendant purchased 29 square meters of the above land and its ground in the Seodaemun-gu Seoul Metropolitan Government M and hereinafter referred to as “L-non-party three lots N-building construction” including the project district.

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