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(영문) 서울고등법원 2012.09.14 2011나21749
부당이득금반환
Text

1. The judgment of the first instance court, including the plaintiffs' claims expanded in the trial, shall be modified as follows:

Defendant.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence of 3 to 8, Gap evidence of 10 to 12, Eul evidence of 1 to 8 (including family identification number), and Eul evidence of 1 to 8 (including family identification number).

On December 26, 2001, the size of 9,294,326 square meters among the land located in Sungnam-si and the Dong-gu located in the plaintiffs was designated and publicly announced as a housing site development district on or around December 26, 2001. The alteration of the development plan and the implementation plan were made on or around October 1, 2009 by the defendant Sungnam-si, the Korea National Housing Corporation, the Korea Land Corporation (the Korea National Housing Corporation and the Korea Land Corporation were merged on October 1, 2009 and the Korea Land Corporation became the Korea Land and Housing Corporation; hereinafter referred to as the "the defendant Korea Land and Housing Corporation"); and the "O housing site development project (hereinafter referred to as the "instant housing site development project") in which Gyeonggi-do is a project district for the said housing site development district; thereafter, the approval of the development plan was made on or around December 30, 2003; and the approval of the implementation plan was made on or around May 30, 2005 to December 13.

B. The Defendants decided to provide the Plaintiffs with a P apartment to be newly built within the instant housing site development project zone (hereinafter “instant apartment”) as part of the relocation measures against the Plaintiffs who lost their means of living due to the Plaintiffs’ housing or land being admitted into the instant housing site development project zone. Accordingly, the P apartment to be newly built within the instant housing site development project zone (hereinafter “P apartment”) was requested from the Defendant Korea Land and Housing Corporation to provide the Plaintiff with one of the instant apartment units and one of the instant apartment units to the Plaintiff B and C from the Defendant Sungnam-si city. On May 2006, the Plaintiff and the instant apartment units indicated in the calculation table of unjust enrichment in attached Table 1 among the instant apartment units.

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