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(영문) 서울고등법원 2015.01.28 2012나88190
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. A. A. On December 26, 2001, approximately KRW 9,294,326 square meters in the area of housing site development in Seongbuk-gu, Sungnam-si was designated as a prearranged area of housing site development on December 26, 2001. The Defendant (Korea National Housing Corporation and Korea Land Corporation were newly incorporated as Defendant on October 1, 2009; hereinafter the Korea National Housing Corporation, Korea Land Corporation, and the Defendant (hereinafter “Defendant”) was the executor of the “M housing site development project” in the area of the said planned area of housing site development (hereinafter “instant project”).

With respect to the instant project, the approval of the housing site development plan on December 30, 2003, the approval of the housing site development plan on December 30, 2004, and the approval of the housing site development plan on December 30, 2004, and the approval of the alteration of the housing site development plan and the approval of the alteration of the housing site development plan have been completed on 13 occasions from May 200

(hereinafter referred to as the “instant project district”) where the housing site development project is approved.

Around October 2003, the Defendant decided to specially sell a detached house site in the instant project district to the persons selected as a person subject to relocation measures as part of the relocation measures for residents who were accommodated in a house or land and lost their base of living as they were incorporated into the instant project district.

C. Accordingly, the Plaintiffs entered into a sales contract with the Defendant or succeeded to the rights and obligations of the sales contract from the party who entered into the sales contract with the Defendant under the Defendant’s consent, and paid the Defendant the money recorded in the payment amount column by the date of the final payment date stated in the attached list.

(hereinafter the above sales contract is referred to as "each sales contract of this case").

On the other hand, at the time of entering into each contract for the sale of this case, the Defendant calculated the sale price in accordance with the Rules on the Establishment and Implementation of Relocation Measures (hereinafter “Rules on the Relocation Measures of this case”). The main contents of the above Rules are as follows.

(b) Relocation measures;

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