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(영문) 의정부지방법원 2018.08.17 2017가단120875
부당이득금
Text

1. The Plaintiff:

A. Defendant B’s KRW 29,00,000 and interest rate of KRW 15% per annum from October 27, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Korea Land and Housing Corporation has selected the Defendants as eligible for the supply of the cost of living countermeasures in relation to the E housing site development project.

B. Defendant C and D received the price of KRW 23 million from the Plaintiff on October 8, 2009, respectively, and sold the right to the land for livelihood countermeasures to the Plaintiff. Defendant B received the price of KRW 29 million from the Plaintiff on January 21, 2010 and sold the right to the land for livelihood countermeasures to the Plaintiff.

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

On February 1, 2010, the Plaintiff sold to Nonparty F the right to the daily life countermeasure site purchased from Defendant C in the price of KRW 21 million; on February 3, 2010, the right to the daily life countermeasure site purchased from Defendant B from Nonparty G in the price of KRW 32 million; on February 4, 2013, the right to the daily life countermeasure site purchased from Defendant C in the price of KRW 21 million, respectively, to Nonparty C in the price of the right to the daily life countermeasure site purchased from Defendant C in the price of KRW 21 million.

(hereinafter “each resale contract of this case”) D.

On March 18, 2010, the Korea Land and Housing Corporation announced the supply of land for livelihood countermeasures in the E-district (hereinafter “instant announcement”).

Land to be supplied a gold time shall be eligible for the supply of land for livelihood countermeasures in relation to the housing site development of the E zone by organizing an association, and where an application is not filed due to insufficient composition, etc. within the period of application, the application for land for livelihood countermeasures shall be deemed waived.

1. Land to be supplied for the livelihood countermeasures (one group): Quasi-residential land of 725 to 2,365 square meters: 450 to 930 square meters of residential facilities;

2. Quasi-residential site for application: A neighborhood living facility site for which the selection of a person to be supplied with one-year area for living countermeasures is determined: A person whose selection has been determined as a person to be supplied with 20 square meters for living countermeasures;

4. Application for purchase and selection of suppliers, and method of determining the location of land to be supplied;

(a) The establishment of articles of association and the general meeting of the notified subdivisions autonomously selected and notified as the subject of the supply of the land for livelihood countermeasures;

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