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(영문) 서울고등법원 2014.07.23 2014나4639
부당이득금
Text

1. The part against the defendant in relation to the plaintiff AU, BB, BC, and BG of the judgment of the court of first instance shall be revoked, and that part shall be revoked.

Reasons

1. The reasons for this part of the facts of recognition are as follows, except for those written by the court as follows, and therefore, it is identical to the corresponding part of the judgment of the court of first instance with respect to the plaintiffs. Thus, it shall be quoted by the main sentence of Article 420 of the Civil Procedure Act

▣ 제1심 판결서 이유 중 6쪽 3행 내지 5행 부분을 아래와 같이 고친다.

“1) The date of concluding the contract for sale” in the attached table 3 of the purchase price and the transfer price list shall be the relevant sale price stated in the "sale price" in the same table of the same table as of each corresponding date, and each apartment unit listed in the "Dongho" column in the attached table 2 of the claim amount and appeal amount table was specially sold by the defendant who is the project implementer of the AE urban development project.

▣ 6쪽 17, 18행에서 인용한 "별지

4. The details of sale and transfer shall be replaced by the attached Form 3 and the details of transfer and acquisition.

2. Summary of the plaintiffs' assertion

A. The Defendant, as the project executor of the instant project, bears the burden of installing basic living facilities pursuant to Article 78(4) of the former Act on Acquisition of and Compensation for Land, etc. for Public Works (amended by Act No. 8665 of Oct. 17, 2007; hereinafter “former Public Works Act”).

B. Nevertheless, the Defendant calculated the sales price including the cost of installing basic facilities in selling each apartment of this case. The cost of installing basic facilities for living facilities included in the sales price of each apartment of this case is the amount equivalent to 585,536 won per 1 square meter of the site site of the relevant apartment.

C. Therefore, among the sales contracts for each apartment in this case with respect to each apartment in this case, the portion of the cost of installing basic facilities for living in each unit [the amount equivalent to the site for each unit apartment in lots x 585,536 won, the amount of claim in attached Form 2, and the amount of appeal stated in the "amount of unjust enrichment"

Therefore, the defendant is a buyer of this case or a buyer of this case's sales contract.

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