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(영문) 수원지방법원성남지원 2012.05.22 2010가합16973
부당이득금
Text

1. The defendant shall set out in attached Form 6 of the calculation table to the plaintiff A, B, C, D, F, G, H, K, M, N, P, Q, U, W, X, AA, and AB.

Reasons

1. The following facts are not disputed between the parties, or are recognized by considering the whole purport of the pleadings as a whole in each entry in Gap evidence 1 to 29, Gap evidence 36, and Gap evidence 39 (including each number):

A. On July 22, 1997, AD Ri, AE Ri, and AF Ri were designated and publicly announced as a planned area for the instant housing site development project (hereinafter “AG housing site development project”) according to the Housing Site Development Promotion Act. The Korea Land Corporation (Korea National Housing Corporation and Korea Land Corporation were merged with the defendant on October 1, 2009; hereinafter “Defendant”) which is the implementor of the instant housing site development project, was merged with the defendant on November 10, 200, after obtaining approval of the housing site development plan on April 15, 200, after obtaining approval of the housing site development plan on November 10, 200, and obtained each approval for the alteration of the housing site development plan (II) and the implementation plan on December 8, 2006 (II).

B. In order to implement the instant housing site development project, the Defendant provided residential buildings to those who lose their base of living as relocation measures, and the instant housing site to be developed within the instant housing site development zone (hereinafter “the instant housing site”) was specially sold to them.

C. Accordingly, around May 10, 2004, the plaintiffs entered into a sales contract with the defendant on each lot number in the column of land lot number in the annexed calculation sheet among the detached housing site located at AH Eup at the time of strike within the housing site development project district of this case, and the contract to sell each of the areas listed in paragraph (1) (2) of the same Table to purchase the land as sale price in the same calculation sheet (hereinafter "each of the sales contracts of this case"), or succeeded to the rights and duties of each of the sales contracts of this case from the above buyers prior to the filing of the lawsuit of this case.

The Plaintiffs paid the above sales price to the Defendant by the date specified in attached Table 3 pursuant to each sales contract of this case.

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