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(영문) 서울고등법원 2017.12.15 2016나2016595
부당이득금
Text

1. The first instance judgment, including the claims expanded and reduced in this Court, shall be amended as follows:

2. The defendant.

Reasons

Basic Facts

There is no dispute between the parties, or the whole purport of Gap evidence 1-1-89, Gap evidence 2-1, 2-3, Gap evidence 4, Eul evidence 1-3, Eul evidence 8-2, Eul evidence 8, and the whole purport of pleadings can be acknowledged.

The Korea National Housing Corporation (hereinafter “Defendant”) was merged with the Korea Land Corporation on October 1, 2009 and became the Defendant, without distinguishing between them before and after the merger, and the instant apartment site was created under the former Act on Temporary Measures for the Improvement of Residential Environments by Low-Income Residents (hereinafter “former Temporary Measures Act”). The instant apartment site was established under the CP Residential Environment Improvement Act. Since the said apartment site was designated around 1992 and implemented around 2002, it seems that the housing site was developed based on the former Act on Temporary Measures for the Improvement of Residential Environments.

The building and lease of CL apartment 201, 202, a public construction-lease apartment (hereinafter “instant apartment”) within the residential environment improvement district, which is a housing site developed by himself/herself pursuant to the Mapo-gu Seoul Metropolitan Government CN or COwon CP, and the construction and lease of the apartment complex was commenced on November 30, 2006 with the approval of the project plan on it around February 2005.

The Defendant: (a) on March 8185, 8185, 893, 62,403, 294, 2965, 2965, and B; (b) on May 98, 201, 23, 8026 75.7826, 409, 2026 90, 37291, 3637 291, 3635, 2253, 2253, 755, 2075, 2078, 40, 949, 309, 290, 205, 207, 205, the first announcement of the announcement of the recruitment of the Plaintiffs, including the Plaintiffs, was made on June 29, 207.

The defendant who entered into a contract for conversion to sale in lots (five years) on July 2014 after the expiration of the mandatory lease period.

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