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(영문) 서울고등법원 2014.11.21 2014나11842
부당이득금
Text

1.The preliminary claims added by the first instance prior to the remand, including the claims extended from the first instance after the remand.

Reasons

1. The scope of this Court’s trial and the Plaintiff AI, AZ, and BO against the Defendant before remanding. The first instance court rendered a judgment citing part of the judgment. The first instance court dismissed all of the claims against the Plaintiff before remanding the case, including the conjunctive claim added, and the judgment of the first instance court citing a lower amount than the cited amount of the first instance court with respect to the remainder of the Plaintiffs (the Plaintiffs in the first instance court after remanding the case).

All appeals were filed by both parties. The part of the appeal by the defendant was partially accepted, and the part against the defendant in the judgment before remanding the case is reversed and remanded to this court. The appeal by the plaintiff AI, AZ, BO and the plaintiffs was dismissed.

Accordingly, the claims of plaintiffs AI, AZ and BO are separated by the Supreme Court's above decision and finally confirmed. The scope of the judgment of the party after remand is limited to the claims of the plaintiffs.

2. Conclusion process, etc. of the instant sales contract;

A. A. The outline of the instant project was approximately KRW 9,307,148 square meters of land located in Sungnam-si, Sungnam-si, Sungnam-si, which was designated and publicly announced as a prospective housing site development area on December 26, 2001.

The Korea National Housing Corporation, Korea Land Corporation, Sungnam-si, and Gyeonggi-do have become a joint project executor of a housing site development project of a zone B where the said housing site development zone is a project district (hereinafter referred to as the "instant project").

After the approval of the housing site development plan on December 30, 2003 and the approval of the housing site development plan on December 30, 2004, the housing site development plan was made on May 18, 2005 on the basis of the area and estimated development cost of the housing site as determined by the approval of the housing site development plan and the implementation plan on December 30, 2004.

After several times the housing site development plan has been revised, but the area of the project and the details of the project have been revised, but the frame has been generally maintained.

On the other hand, the Korea National Housing Corporation.

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