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(영문) 서울고등법원 2016.06.28 2014나9887 (2)
부당이득금
Text

1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts

A. The term “the name of the first buyer” in attached Form 3, including Plaintiff B, was incorporated into the E-Housing Development Project District (hereinafter “instant Project District”) executed by the Korea National Housing Corporation and the Korea Land Corporation on October 1, 2009, in which the first buyer as indicated in the sale contract (hereinafter “the person subject to the relocation measure of this case”) had been residing. The Korea National Housing Corporation and the Korea Land Corporation were merged into and established by Korea Land Corporation under the Korea Land Corporation and the Korea Land Corporation, and accordingly, the Defendant took over the instant lawsuit; hereinafter “Defendant” and “Defendant” collectively referred to as the Korea Housing Corporation and the Defendant; hereinafter the same shall apply) with the area of 837,550.8 square meters in the above C and D as the business district.

B. The said housing site development project (hereinafter “instant project”) was designated and publicly announced as F as a planned housing site development area on July 31, 1999 by the Ministry of Construction and Transportation, and the approval of the development plan was publicly announced as G on October 25, 200, and the approval of the development plan was publicly announced as G on May 3, 2001, and the approval of the housing site development plan was approved as H on May 3, 2001, and the approval of the implementation plan was approved as G on February 12, 2004, respectively.

C. The Defendant, as the instant project, intended to specially sell a detached house site to be developed in the instant project district (hereinafter “each of the instant detached house site”) as part of the relocation measures to those subject to the relocation measures who lose their base of living due to expropriation of the owned house or land, etc. as the sale price applying the unit price of KRW 651,000 per square meter, and completed the relocation measures consultation and announcement around March 10, 2003.

Accordingly, the parties subject to the relocation measures of this case are the defendant and the attached Form.

3. Sales contract was entered into as entered in the sales contract (hereinafter “each sales contract of this case”), and thereafter the persons subject to relocation measures of this case have entered into the sales contract as shown in the attached Form.

3. The "date of succession to rights and obligations" refers to each of the instant cases against the Plaintiffs other than Plaintiff B on each date set forth.

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