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(영문) 서울고등법원 2015.01.28 2013나10033
부당이득금반환
Text

1. Of the judgment of the court of first instance, the Plaintiffs and the Intervenor succeeding to the Plaintiff, who fall under the following order for payment.

Reasons

1. On December 16, 2001, JJ in the case of permitting the basic facts, the designation of the planned area was publicly announced as G in the Ministry of Construction and Transportation on December 16, 2001, and on February 16, 2004, the alteration of the planned area and the approval of the development plan was publicly announced as H in Gyeonggi-do’s public announcement on February 16, 2004, and the Defendant (Korea National Housing Corporation and Korea Land Corporation were newly incorporated as the Defendant on October 1, 2009, the Korea Land Corporation was designated as the project implementer; hereinafter “Defendant”) was designated as the project implementer of the I housing site development project in the said public announcement.

(hereinafter the above housing site development project is referred to as the "project in this case", and the project district in this case is referred to as the "project district in this case"). On August 2005, the defendant decided to specially sell the housing site in the project district in this case to the persons selected as those subject to relocation measures as part of the relocation measures for the residents who were accommodated in the housing or land and lost their base of living as their dwelling were incorporated into the project district in this case.

C. Accordingly, the Plaintiffs entered into a sales contract with the Defendant or succeeded to the rights and obligations of the sales contract from the party who entered into the sales contract with the Defendant under the Defendant’s consent, and paid the Defendant the money recorded in the payment amount column by the date of the final payment date stated in the attached list.

(hereinafter the above sales contract is referred to as "each sales contract of this case").

On the other hand, at the time of entering into each contract for the sale of this case, the Defendant calculated the sale price in accordance with the Rules on the Establishment and Implementation of Relocation Measures (hereinafter “Rules on the Relocation Measures of this case”). The main contents of the above Rules are as follows.

In principle, the scale of supply of multi-resident housing sites under Article 16 (Scale of Supply) of the Regulations on the Establishment and Implementation of Relocation Measures shall be supplied based on 165 square meters or 265 square meters per parcel.

Provided, That the conditions of shares, land use plans and land use shall be subject to shares.

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