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(영문) 수원지방법원성남지원 2011.11.09 2010가합16096
부당이득금
Text

1. The defendant,

(a) For the Plaintiff A, B, C, D, E, and F, the amount listed in attached Table 1.7;

B. The Plaintiff G and H are the same.

Reasons

1. Basic facts

A. On October 12, 1998, the Minister of Construction and Transportation designated L, M, N,O, and P Japan as a planned housing site development district under the Housing Site Development Promotion Act at K in Yangyang-si, the Ministry of Construction and Transportation announced the Ministry of Construction and Transportation, and around that time, designated the project implementer of the said Q Q Q housing development project (hereinafter “instant project”) as a Korean Land Corporation (hereinafter “Defendant”) and announced the said designation as a Korea Land Corporation (hereinafter “Defendant”). On December 29, 2004, the Minister announced the alteration of the approval of the implementation plan and the housing site development plan as R publicly announced by the Ministry of Construction and Transportation.

B. The Defendant: (a) was incorporated into the instant project district as a countermeasure for the relocation of residents who lost their residential base due to expropriation of their own housing or land, etc.; and (b) specially sold the housing site within the instant project district to the persons selected as a countermeasure for relocation; (c) the Plaintiffs entered into a sales contract with the Defendant around December 2005, or succeeded to the rights and obligations under the sales contract from the residents who entered into the sales contract (hereinafter “each of the instant sales contract”), around December 2005.

(Plaintiff G and H succeeded to the rights and obligations of each 1/2 share in the sale contract as to the land for S, Plaintiff I and J respectively.

At the time, the Defendant calculated the supply price of the said site by the following methods in accordance with the internal regulations of the Defendant (Article 17 of the Regulations on the Establishment and Implementation of Relocation Measures) and calculated each purchase price of the instant site based thereon:

The unit price of supply of a resettled housing site shall be calculated by the arithmetic mean calculated by the formula in the following subparagraphs A and B, but where the development cost exceeds 80%, it shall be 80% of the development cost.

In addition, if the supply area exceeds 265 square meters, the excess amount shall be calculated as the appraisal price level.

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