logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2012.07.19 2011나94976
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs, which orders payment below, shall be revoked.

Reasons

1. The reasons why the court should explain this part of the facts of recognition are the same as the entry of "1. Basic Facts" in the judgment of the court of first instance, and therefore, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Plaintiffs’ assertion and relevant statutes

A. The former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 8665, Oct. 17, 2007; hereinafter “former Act on Acquisition of and Compensation for Land, etc.”) (hereinafter “former Act on Acquisition of and Compensation for Land, etc.”) which forms the basis for each of the instant contracts for sales of unjust enrichment equivalent to the cost of installing basic living facilities.

The Defendant, as the project implementer of the instant expansion project, bears the burden of installing the basic living facilities pursuant to Article 78(4) of the former Public Works Act. However, the Plaintiffs paid the sale price that includes the cost of the basic living facilities according to each sale contract of this case, and the Defendant gains profit equivalent to the cost of the basic living facilities, and the Plaintiffs suffered losses corresponding to the above amount. Therefore, the part that did not deduct the cost of the basic living facilities among each sale contract of this case is null and void. Therefore, the Defendant should return to the Plaintiffs the amount equivalent to KRW 1,263,123 per square meter for the site that the Plaintiffs purchased as unjust gains. 2) In the event that the Defendant supplies the leased site in accordance with the housing site development project of this case, the Defendant supplied the land development cost after deducting the cost of the basic living facilities from the cost of the housing site development project of this case, and the Defendant supplied the apartment construction company, including this case, with the cost of the housing site of this case, at KRW 2,247,83,00 per square meter.

Therefore, the defendant should return the amount equivalent to 490,164 won per square meter for the area of the right to a site supplied by the plaintiffs as unjust enrichment.

(b)the ancillary cause of the claim;

arrow