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(영문) 부산지방법원 2015.07.08 2010가합21996
부당이득금반환
Text

1. The defendant

A. 16,904,400 won to Plaintiff A and 5% per annum from June 9, 2011 to July 8, 2015, respectively.

Reasons

1. Basic facts

A. On October 7, 1998, the Minister of Construction and Transportation, on a public notice of the Ministry of Construction and Transportation, designated the Korea Land Corporation (the Korea Land Corporation and the Korea National Housing Corporation were newly established and merged as Defendant on October 1, 2009; hereinafter collectively referred to as the “Defendant”) as a planned area for the housing site development project in the F district (hereinafter referred to as the “instant housing site development project”). The Minister designated Korea Land Corporation (the Korea Land Corporation and the Korea National Housing Corporation were newly established and merged as Defendant on October 1, 2009; hereinafter referred to as the “Defendant”).

After that, on October 10, 2002, approval of the development plan for the housing site development project was made, and on December 30, 2003, approval of the execution plan for the housing site development project was made.

B. In implementing the instant housing site development project, the Defendant decided to specially supply the land for detached houses to be developed within the instant project district (hereinafter “the instant relocation site”) to the persons selected as a person subject to relocation measures as part of the relocation measures for the persons who have lost their means of living due to the expropriation of their housing or land, etc. as they were incorporated into the instant project district, and on November 12, 2004, the Defendant announced the public announcement of the recruitment of the housing site located within the relevant project district.

C. On December 21, 2004 and the following day, Plaintiff G, H, I, J, K, M, M, N, P, Q, R, T, U,V,W, A, X, and Y entered into a sales contract for each of the relevant housing sites as stated in the “land” column for the attached claim amount and the cited amount table with the Defendant (hereinafter “each of the instant sales contracts”). D.

On the other hand, the plaintiff Z, AAB, AC, AD, AE, AF, AF, AH, AI, AJ, AK, AM, AM, N, Master Housing Construction Co., Ltd., AP, AP, Q, AP, AS, ATS, ATS, AT, and AU comprehensively succeeded to the rights and obligations under each of the instant sales contracts as stated in the "the details of succession to rights and obligations" in attached Form 3.

E. The plaintiffs are unjust enrichment in attached Form 3 regarding each relevant housing site stated in the attached Form 2 claim amount and the "use sheet" column of the cited amount sheet.

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