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(영문) 서울고등법원 2016.12.09 2014나43306
부당이득금반환
Text

1. The part regarding the plaintiffs in the judgment of the court of first instance is modified as follows:

The defendant shall set forth in attached Table 1.

Reasons

1. Basic facts

A. On December 26, 2001, the Minister of Construction and Transportation designated, as a planned area for the development of the Sungnam-si Housing Site under the Housing Site Development Promotion Act, Samnam-si, Sungnam-si, Sungnam-si, Pungdong-dong, Pungnam-dong, Pungnam-dong, Pungdong-dong, Pungnam-dong, Pungsan-dong, Pungdong-dong, Pungdong-dong, Pungdong-dong, Pungdong-dong, Pungnam-dong, Pungnam-dong, Pungnam-dong, as a planned area for the development of the Sungnam-si Housing Development Promotion Act. Around that time, the project implementer designated and announced the project implementer as the defendant (the Korea National Housing Corporation and Korea Land Corporation were merged as the defendant on October 1, 2009, and this two were combined; approval of the development plan on December 12, 2003; and the approval of the implementation plan on December 30, 2004.

(hereinafter referred to as the “instant housing site development project”). (b)

On October 2003, the defendant decided to specially sell the site for detached houses within the housing site development project zone of this case to the persons selected as those subject to relocation measures as part of relocation measures for residents who have lost their base of living due to the expropriation of their owned housing or land, etc. as they were incorporated into the housing site development project zone of this case, and accordingly publicly announced the "the current status of housing site development project and guidance for compensation".

C. The Defendant: (a) supplied one parcel of 230 square meters to the original person subject to relocation measures at a level below 80% of the development cost (based on the amount calculated by deducting the installation cost of basic living facilities from the development cost); (b) publicly notified that the portion exceeding the above area inevitably exceeds the above area due to the conditions for the allocation of shares should be supplied at the appraisal price; (c) on November 2006, the supply price of the housing site for migrants is reduced by up to 265 square meters; and (d) obtained approval from the Minister of Construction and Transportation as to the housing site supply plan that includes the details that

The sale price is the sale price of the land (the actual area) to be sold on the date of conclusion of the contract (the date of succession).

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