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(영문) 서울고등법원 2016.01.12 2015나924
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the defendant is revoked, and the plaintiffs' claims corresponding to the revoked part are all revoked.

Reasons

1. After remanding the case, the first instance court, which partially accepted the claim for return of unjust enrichment against the defendant of the plaintiffs and the co-Plaintiffs of Q, Q, T, U,V, W (Name AE prior to the opening name), X,Y, Z, AAB, AC, AD (hereinafter “Co-Plaintiffs of the first instance trial”), and dismissed the plaintiffs and the co-Plaintiffs of the first instance court in its entirety.

As to the judgment of the court of first instance before remand, the joint plaintiffs of the court of first instance filed an appeal only by the plaintiffs without filing an appeal within the filing period for appeal, and the part against the joint plaintiffs of the court of first instance in the judgment before remand became final and conclusive.

The Supreme Court has accepted the appeal by the plaintiffs and reversed the part against the plaintiffs in the judgment before the remand and remanded to the court of first instance. Accordingly, the subject of the judgment after the remand is limited to the plaintiffs' respective claims against the defendant.

2. Basic facts

A. On April 30, 2001, the housing site development area was designated as K in the public notice of the Ministry of Construction and Transportation on April 30, 2001 (as of March 28, 2008, the housing site development area was changed to Ma, N, O, O, 9,035, 332.9 square meters in the area of housing site development, which was changed to 9,060,000 square meters in the area of housing site development among ABC and DEFGHI.

) The Korea Land Corporation (the Korea Land and Housing Corporation was merged with the Korea Land and Housing Corporation on October 1, 2009).

"Defendant" in total before and after mergers.

A) The said project was implemented under J’s Housing Site Development Project (hereinafter the said project is referred to as “instant housing site Development Project”).

(2) On December 14, 2001, with respect to the instant housing site development project, the approval of the development plan was obtained on December 14, 2001, the approval of the implementation plan was obtained on December 26, 2002, and the construction of the housing site was commenced in succession from March 2003 to September 2, 200. 2) The Defendant, as part of the relocation measures for those who were deprived of their base of livelihood due to the expropriation of housing, land, etc. due to the implementation of the instant housing site development

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