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(영문) 수원지방법원 2013.07.04 2010가합15113
부당이득금반환
Text

1. The plaintiffs and the plaintiff's successor's claims are all dismissed.

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

Reasons

1. Basic facts

A. The Defendant comprehensively succeeded to the rights and obligations of the Korea Housing Corporation, which is a project implementer of the “AW District Housing Site Development Project” (hereinafter “instant project”) whose project district covers AV workers, and a supplier of the unsettled housing site, and the Plaintiffs are residents living in the instant project district, who directly conclude a contract for the sale of the housing site between the Defendant and the buyer or succeed to the rights and obligations under the said contract for sale in lots from the buyer.

B. On December 15, 1999, the instant project district was designated and announced as a planned housing site development district in AX as a public notice of the Ministry of Construction and Transportation. On December 29, 2001, the Ministry of Construction and Transportation announced AY under the Public notice of the Ministry of Construction and Transportation, the designation and alteration of the planned housing site development district and the development plan was approved, and on December 30, 2003, the implementation plan for the planned housing site development district was approved

C. The Defendant agreed to supply the housing site developed within the instant project district to the Plaintiffs (hereinafter “instant resettled housing site”) as part of the relocation measures against the Plaintiffs who lost their living base due to the acceptance of their owned housing or land, etc. as a result of the incorporation of the Plaintiffs into the instant project district.

The Defendant concluded a contract for the sale of this case’s housing site with the Plaintiffs from June 19, 2006 to June 26, 2006 under Article 18 of the former Housing Site Development Promotion Act (amended by Act No. 6655 of Feb. 4, 2002) and attached Table 11 of the Enforcement Rule of the said Act (amended by Ordinance No. 359 of Jun. 14, 2003) by calculating the special supply price for the Plaintiffs as KRW 1,025,00 per square meter in accordance with the relevant provisions, such as “the calculation table of housing site development cost”, and the Plaintiffs paid each corresponding amount as stated in paragraph (6) as the sale price by the date of the final payment as stated in attached Table 7 of the calculation sheet.

E. On March 2, 2011, Plaintiff A’s succeeding Intervenor B, and Plaintiff O’s succeeding Intervenor P on April 2, 2010.

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