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(영문) 서울고등법원 2016.11.10 2015나2027703
부당이득금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Each entry of evidence 1 through 4, 8, and 2, 3, 7, 8, 10, 19, and 20 evidence (including branch numbers, if any; hereinafter the same shall apply) in the premise of the facts, and the purport of the whole pleadings;

A. On October 1, 2009, the Korea National Housing Corporation [the name prior to the change: the Korea Land Development Corporation was incorporated as the defendant, and accordingly the defendant comprehensively succeeded to the rights and obligations of the Korea National Housing Corporation; hereinafter in this context, the "defendant" was not divided before and after the merger] entered into a contract for the sale of a site with the Korea Land Development Corporation on December 29, 1995, by designating the use of B block block unit 17,356 square meters within the NP A Housing Project Area (hereinafter "the site of this case") for multi-family housing of not more than 60 square meters, which was developed and created by the Korea Land Development Corporation, as a site for multi-family housing of not more than 5,459,000,000 square meters (hereinafter "sale contract of the site of this case").

B. On March 27, 200, the Defendant obtained approval of the housing construction project plan from the Do governor to construct a public apartment on the instant land. On March 22, 2001, the Defendant obtained approval of the alteration of the housing construction project plan from the Do governor of the Gyeongnam-do in accordance with Article 33 of the former Housing Construction Promotion Act (amended by Act No. 6655 of Feb. 4, 2002) and Article 20 of the Enforcement Rule of the same Act by changing the supply type from the original "public sale" to the "public lease".

C. Accordingly, on March 23, 2001, the Defendant first announced the recruitment of occupants regarding the NP ground NP ground NP apartment 407 households (hereinafter “instant apartment”). D.

The defendant completed the apartment building of this case on October 18, 2002, and around that time, the plaintiff F, C (Attached No. 94), D, E (the plaintiffs totaling four above plaintiffs hereinafter referred to as "general buyers"), the rest of the plaintiffs except MM (the plaintiff M totaling 308 plaintiffs hereinafter referred to as "the plaintiffs as preferential buyers"), and the plaintiff MM's deceased deceased deceased deceased deceased deceased R.

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