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(영문) 서울고등법원 2016.07.08 2013나3103
부당이득금
Text

1. Of the judgment of the court of first instance, attached Form to the plaintiffs against the defendant

2. The term “amount of seal” in the calculation sheet shall fall under each subparagraph.

Reasons

1. Basic facts

A. The Korea National Housing Corporation (the Korea National Housing Corporation and the Korea Land Corporation were merged on October 1, 2009 and the defendant was not divided before and after the merger; hereinafter "the defendant") obtained approval from the Gyeonggi-do Governor on November 6, 1995 for the development plan for the housing site B for the housing site development project for the housing site B (hereinafter "the housing site development project in this case"), and obtained approval for the alteration of the housing site development plan and implementation plan on May 6, 1997, and obtained approval for the alteration of the housing site development plan and implementation plan for the housing site development project in this case several times thereafter.

B. 1) On October 31, 1997, the defendant approved the housing construction project plan, etc.) D apartment units (D; hereinafter "the apartment units of this case") with 792 household units in the RNB block in the housing site development project district of this case from the Gyeonggi-do Governor.

(2) On August 26, 1997, the Defendant obtained the approval of the housing construction project plan with respect to the construction of public rental housing units from the Governor of the Gyeonggi-do, and the approval of the modification of the housing construction project plan with respect to the construction of public housing units of 368 households, labor welfare portion of 1,000 households, public rental portion of 567 households, 1,935 households, and the approval of the modification of the housing construction project plan with respect to the construction of public rental units of 1,934 households on February 10, 200.

3. On December 16, 1997, the Defendant obtained approval from the Governor of the Gyeonggi-do for the housing site development project plan for the construction of RR apartment units with 790 households for public sale, 500 households for workers’ welfare, and 1,290 households for total of 1,290 households on the instant housing site development project district. The Defendant obtained approval for the modification of the housing site development project plan with the content that the construction of 27 households for public sale and 263 households for public lease on October 5, 200.

C. The defendant of the first announcement of invitation of residents on June 28, 2000 is among the 792 households of the public lease of the apartment of this case.

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