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(영문) 서울중앙지방법원 2018.07.12 2018가단5035175
부당이득금
Text

1.(a)

The defendant Dongdaemun-gu Seoul Metropolitan Government shall grant the plaintiff A KRW 17,81,697 and KRW 5,000,000 among them.

Reasons

1. Facts of recognition;

A. The following owners provided housing or land owned by them to the above project by means of expropriation, etc. of residential buildings as incorporated into public works, etc. as follows:

On June 21, 1999, the name of the project subject to expropriation on June 21, 1999, 1D Dongdaemun-gu project owner’s authorization for the implementation of the autonomous Gu, 2 Plaintiff B, Nowon-gu, on January 30, 1998, G Housing H3 I on April 10, 1998

B. The above owners offered housing to each project as above, and were selected as a person eligible for special supply of national housing to be constructed in M in accordance with the former Rules on Special Supply of National Housing to the Removal Residents in Seoul Special Metropolitan City (amended by April 10, 2008).

Accordingly, the owners entered into a sales contract for M apartment with N Corporation as follows.

(hereinafter “each sales contract of this case”). D transferred the rights and duties under the sales contract to Plaintiff A with the consent of the N Corporation.

Since then, the plaintiffs paid the purchase price and completed the registration of ownership transfer for the apartment unit that was sold.

Plaintiff A (1 D on May 30, 2008, May 2008, 2008, May 30, 2008, Plaintiff B, on May 8, 2008, 390, 185,000 Plaintiff B, on May 8, 2008, on May 30, 2008, for the transfer date of the sale contract by the transferee of the number of buyers, for the purchase price of the same unit D, the size of the site for the same unit.

C. On July 30, 2013, the Plaintiffs filed a lawsuit against the Defendants with the same cause of claim as in the instant case, and was sentenced to a judgment citing the principal amount of KRW 2,00,000 and damages for delay thereof, and the said judgment became final and conclusive on November 8, 2016.

(Seoul Central District Court Decision 2013Kadan5102681, hereinafter referred to as the "Prior Action Litigation"). 【Unsatisfy', Gap 1 through 9, Eul 1, 2, 3 and the purport of the whole pleadings.

2. The parties' assertion

A. The Defendants, while supplying M Apartments to the Plaintiffs, include the cost of installing basic living facilities in the sale price.

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