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(영문) 서울서부지방법원 2012.02.02 2011가합2692
부당이득금반환
Text

1. The defendant shall pay to the plaintiffs the amount of unjust enrichment calculated in attached Form 8 and from January 13, 2012.

Reasons

1. Basic facts

A. On May 12, 1999, the Gyeonggi-do Housing Site Development Project approved the instant housing site development project (hereinafter “instant housing site development project”) and the modification of the development plan and approval of the implementation plan to AO published in Gyeonggi-do on October 29, 199, respectively.

B. The Defendant, as a part of the relocation measures against those who lose their means of living due to the expropriation of their own housing or land as a result of the incorporation into the instant housing site development project zone, intended to specially sell the land for detached housing to them within the instant housing site development project zone.

C. Each contract for sale in this case is concluded 1) Accordingly, each contract for sale in the attached Form No. (3) with the defendant to sell a detached house site within the housing site development project district of this case to each corresponding amount as stated in the attached Form No. 6 of the calculation table of unjust enrichment amount. (hereinafter "each contract for sale in this case").

2) The Plaintiff B, C, D, F, H, M, M, u, W, Y, AA, AE, AF, AG, AK, and AL succeeded to the rights and obligations of each of the instant sales contract from the seller under the consent of the Defendant. Plaintiff AH succeeded to the rights and obligations of the seller under the sales contract of AP, and Plaintiff AI and AJ succeeded to the rights and obligations of the seller under the sales contract of P.

3) The Plaintiffs (including the Plaintiff’s successor to the rights and obligations arising from each of the instant sales contracts or inherited sales contracts).

(3) The Defendant paid all the sales price of the instant case to the Defendant. [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 56, Eul evidence Nos. 1 and 2 (which has a serial number) and the purport of the entire pleadings.

2. The plaintiffs' assertion is a relocation measure under the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 7304 of Dec. 31, 2004; hereinafter "former Public Works Act").

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