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(영문) 서울중앙지방법원 2012.02.03 2010가합92327
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. When the plaintiffs owned a house, A Day was incorporated with the Geumcheon-gu Seoul Metropolitan Government Geumcheon-gu Seoul Metropolitan Government project district for C Expressway (D Tools) construction (hereinafter "the project of this case"). The project of this case implemented by the Mayor of Seoul Metropolitan Government is determined as urban planning facilities (road) by the announcement E ( May 30, 2002) of Seoul Metropolitan Government, and the implementation plan for the project of urban planning facilities (road on November 13, 2008) was authorized by the public notification of Seoul Metropolitan Government(Seoul Metropolitan Government) and the public notification of H(C) of Seoul Metropolitan Government ( March 12, 2009) and the public notification of Gwangju-si (Seoul Metropolitan Government) of the implementation plan for the project of urban planning facilities (road on April 2, 2009) was authorized.

B. As part of the measures for relocation of the owners of houses who lose their base of living due to the expropriation of the housing owned by the Defendant as incorporated into the instant project district, the Defendant decided to supply 200 households out of L apartment houses, which were scheduled to be sold in the implementation of the residential environment improvement project in the K district in Gwangjin-si, the Korea Land and Housing Corporation (hereinafter “instant apartment”) to the said owners by lot. The Plaintiffs were selected as the said 200 special suppliers.

C. Accordingly, the Plaintiffs concluded a sales contract with the Korea Land and Housing Corporation for each apartment unit listed in the Dong and lake column of the attached Table, and paid all the sales price on the date indicated in the payment date of the attached Table.

(In fact that there is no dispute, Gap's evidence of subparagraphs 1 through 4, Eul's evidence of subparagraphs 1 through 5, and the purport of the whole pleadings.

2. The assertion and judgment

A. The plaintiffs asserted that they received special supply of the apartment of this case from the Korea Land and Housing Corporation at the request of the defendant who is a project executor under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”). According to Article 78(4) of the Public Works Act, the costs of installing basic living facilities are required.

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