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(영문) 서울고등법원 2017.02.23 2016나3876
부당이득금반환
Text

1. Of the judgment of the court of first instance, the plaintiffs and the intervenors succeeding to the plaintiff who correspond to the following amounts:

Reasons

1. Scope of the trial of the political party after remand;

A. The Plaintiff and the Intervenor succeeding to the Plaintiff (including the Intervenor succeeding to the Plaintiff in the first instance prior to the transmission) filed a claim against the Defendant for return of unjust enrichment. Accordingly, the first instance court dismissed all the claims of the Plaintiff and the Intervenor succeeding to the Plaintiff. Accordingly, the Plaintiff and the Intervenor succeeding to the Plaintiff appealed against the judgment of the first instance court.

B. The trial prior to the remanded case revoked the part concerning the Plaintiff’s succeeding intervenor P in the judgment of the first instance, and dismissed the lawsuit of the said Plaintiff’s succeeding intervenor, and accepted part of the remaining claims of the Plaintiff and the Plaintiff’s succeeding intervenor (hereinafter “Plaintiffs”), and dismissed the remainder of the appeal.

C. As to this, the Plaintiff’s Intervenor P did not appeal, and only the Defendant appealed against the Plaintiffs, and the Supreme Court reversed the part against the Defendant against the Plaintiffs and remanded it to this court.

Therefore, the part of the Plaintiff’s succeeding Intervenor P’s claim was separately determined by the judgment of the court prior to the aforementioned remand, and the scope of the trial after the remand is limited to the part cited by the trial prior to the remand of the Plaintiffs’ claim.

2. Basic facts

A. The Korea National Housing Corporation is a project implementer of the “AW District Housing Site Development Project” whose project district is AVth Won as the project district in Chungcheongnam-si (hereinafter “instant project”), and is a supplier of the unsettled housing site. On October 1, 2009, the Korea Land Corporation and the defendant were newly established as the defendant.

(hereinafter referred to as "Defendant" in total). (b)

On December 15, 199, the project district of this case was designated and publicly announced as a AX district for housing site development, and after the designation, alteration, and development plan was approved on December 29, 2001, the implementation plan of the housing site development district was approved and publicly announced on December 30, 2003, and the alteration of the final housing site development plan and the alteration of the implementation plan were publicly announced on December 29, 2005.

(c).

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