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(영문) 서울중앙지방법원 2016.08.26 2015가합570457
부당이득금반환
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Each of the Plaintiffs stated in the separate sheet No. 2, as the housing or land owned by them is incorporated into the project districts of each public project as indicated in the same Table executed by the primary Defendants or the conjunctive Defendant Seoul Special Metropolitan City (hereinafter “each of the instant public projects”), provided the housing or land owned by them for each of the instant public projects.

B. Each implementer announced the Plaintiffs to specially supply national housing to be constructed in the Seoul H Urban Development Project District of Gangdong-gu Seoul Metropolitan Government pursuant to the National Housing Special Supply Rules (amended by Seoul Metropolitan Government Rules No. 3616, Apr. 10, 2008) for the removal citizens, etc., and publicly notify the Plaintiffs to file an application therefor.

C. From November 10, 2003 to December 31, 2009, E.S. newly constructed and sold apartment units with 2,331 households (30 households with an exclusive use area of 59 square meters, an exclusive use area of 1,978 households with an exclusive use area of 114 square meters, an exclusive use area of 114 square meters) in H urban development project districts (hereinafter “instant sales contract”). As to each apartment unit indicated in the attached Table 1 “Dong-dong and lake”, the sales contract was concluded with the Plaintiffs who were determined to be eligible for special supply as the sale price in the same amount as the general sale price (hereinafter “instant sales contract”).

The area of each apartment site shall be as shown in the corresponding column of attached Table 1.

Since then, the plaintiffs paid all the sales price under the instant sales contract, and completed the registration of ownership transfer for the apartment sold in lots.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 2, Eul evidence 1 and 8 (including each number), the purport of the whole pleadings

2. The plaintiffs' claims

A. The Plaintiffs constitute persons subject to relocation measures under the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 8665 of Oct. 17, 2007; hereinafter “former Land Compensation Act”).

The defendants are the defendants of this case's apartment complex from Eschi Corporation to the plaintiffs.

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