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(영문) 대전지방법원 2015.10.27 2015가단13321
부당이득반환
Text

1. The Defendant’s KRW 22,368,871 as well as the Plaintiff’s KRW 5% per annum from April 27, 2015 to October 27, 2015.

Reasons

1. Facts of recognition;

A. The Defendant is the implementor of the Daejeon L District Development Project (hereinafter “instant project”) that develops the Seo-gu, Seo-gu, C, D, U.S. E, F, G, H, I, J, and K as a housing site.

The approval date of the development plan of the project of this case is December 16, 2003.

B. The Defendant, as the instant project, intended to specially supply migrantss' housing sites to be developed within the instant project district, as relocation measures for those who lose their means of living due to expropriation of their owned housing units or land, etc.

Accordingly, the defendant concluded a sales contract with the defendant on June 30, 2008 on the housing site of migrants, and M entered into a sales contract with the defendant on the 343m2 in Seo-gu Daejeon, Seo-gu, Daejeon, and the plaintiff succeeded to the rights and obligations under the sales contract from M on September 10, 2009.

(hereinafter “each of the instant sales contracts”) C.

The Plaintiff paid KRW 364,700,000 to the Defendant by October 10, 2012 under the instant sales contract. In the event of installment payment, a certain amount of interest was additionally paid for the installment, and damages for delay was additionally paid when payment was made with the agreed payment deadline. The sum of the above amounts is KRW 17,175,520.

On the other hand, the amount of discount paid in advance of the agreed payment period is 2,820 won.

At the time of the instant sales contract, the Defendant calculated the sales price in accordance with Articles 16 and 17 of the Rules on the Establishment and Implementation of Relocation Measures by the Defendant (hereinafter referred to as the “Rules of this case”) and attached Table 2 by the following formula:

In other words, 962,610 won per 1 square meter, which is an arithmetic mean of the amounts calculated by the respective formula in the following [Attachment 2], shall be the supply price, and considering the appraisal price, the individual supply price was adjusted within the range of the entire land value of the migrants complex.

Article 16 (Scale of Supply) In principle, the scale of supply of a housing site for migrants shall be supplied based on 165 square meters or 265 square meters per parcel.

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