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(영문) 서울고등법원 2017.10.19 2017나2004674
부당이득금
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. Of the instant lawsuit, the Plaintiff against the Defendant.

Reasons

1. Basic facts

A. On September 25, 2014, the Plaintiff filed a lawsuit against the Defendant for unjust enrichment, etc. (hereinafter “former lawsuit”). The purport of the claim is that “the Defendant shall pay to the Plaintiff 36,052,739 won and damages for delay thereof,” and the cause of the claim is that “Seoul Special Metropolitan City publicly notified AU as of February 25, 2004, designated the Defendant as the project executor and approved the project plan for an urban development project zone for AD zones. The Defendant announced the special supply contract guidance to the Plaintiff, etc., who passed the relocation measures on January 10, 2008. Accordingly, the Plaintiff concluded a contract for sale of apartment units between the Defendant and the Seoul Central District Court on behalf of 2014da4790 and paid the purchase price of apartment units to the Defendant for all of them.” Meanwhile, according to the purport of Article 78 of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, the Plaintiff shall provide the Plaintiff with the aforementioned cost of installation of apartment units (hereinafter referred to the Plaintiff’s residential Facilities).

B. A duplicate of the complaint of the previous suit shall be the same.

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