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(영문) 수원지방법원성남지원 2015.09.16 2014가합204921
부당이득금
Text

1. The Defendant’s KRW 2,421,848,00 for the Plaintiff and KRW 5% per annum from June 26, 2008 to September 16, 2015.

Reasons

1. Basic facts

A. On March 30, 2007, the Minister of Construction and Transportation, on March 30, 2007, issued the Defendant’s instant project and sold multi-unit housing sites. On March 30, 2007, the Minister of Land, Transport and Maritime Affairs (hereinafter “instant project”). The Defendant’s implementation of the instant project and the sale of multi-unit housing sites”) is the housing site development project for Yang

(i)be designated as the district, and became the Defendant upon mergers with the Korea Land Corporation on October 1, 2009, as the implementer of the instant project.

Only "Defendant" shall be deemed to be "Defendant" in total before and after the merger.

2) The Defendant: (a) established a plan to supply multi-family housing sites of 711,00 square meters in total for the purpose of creating a large-scale housing complex in the instant project district; and (b) divided into 60 square meters and less than 85 square meters in total according to the scale of a housing unit that can be constructed; (c) the Defendant supplied a total of 25 square meters in multi-family housing sites for the purpose of apartment construction sale into 60 square meters and less than 85

B. On June 2, 2008, the Defendant entered into the instant sales contract, on June 2, 2008, announced the supply of the above multi-family housing site (hereinafter “instant supply publication”). Accordingly, on June 1, 2009, the Defendant succeeded to the rights and obligations of the domestic construction project portion of the company’s domestic construction project part, which was established by physical division of the Plaintiff, and on June 1, 2009, the Plaintiff succeeded to the rights and obligations of the Plaintiff in total before and after physical division of the company; hereinafter “Plaintiff”) by paying KRW 3,000,000 to the Defendant on June 18, 2008, the Defendant participated in the lot as to the said multi-family housing site and participated in the lot on June 23, 2008, with the construction of apartment housing of more than 60 square meters and less than 85 square meters among the above supply announcement land, and was selected as a multi-family housing owner of the A-19(2) block-28, and less than 275 square meters.

Accordingly, on June 26, 2008, the Plaintiff entered into a sales contract with the Defendant with respect to the instant land as follows (hereinafter “instant sales contract”). On the same day, 12,109,240,000 won or less for the Defendant’s contract deposit.

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