logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2014.11.25 2012나92090
부당이득금 반환
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs ordering payment shall be revoked.

The defendant 1.1.

Reasons

1. Basic facts

A. A. A. On December 26, 2001, approximately KRW 9,294,326§³ C in Seongbuk-gu, Sungnam-si was designated as a housing site development district by the Ministry of Construction and Transportation public notice on December 26, 2001. The Korea Land Corporation became an executor of the “D Area Housing Development Project” (hereinafter “instant project”) in which the said housing site development district is the project district, together with the Korea National Housing Corporation, Sungnam-si, etc.

With respect to the instant project, the approval of the housing site development plan on December 30, 2003, and the approval of the housing site development implementation plan on December 30, 2004, respectively, and the subsequent approval was made on December 30, 2004, and the approval of the modification of the housing site development plan and the approval of the modification of the housing site development implementation plan were made on 13 occasions from May 2005 to December 2

B. The Korea Land Corporation, as part of the relocation measures against those who lose their base of livelihood due to the instant project, intended to specially supply the land for detached houses to be developed within the instant project district (hereinafter “the instant migrants”). Accordingly, the E and F, which were residing in the instant project district, concluded a sales contract with the Korea Land Corporation on March 16, 2007, to purchase KRW 400,130,000 G large scale 264 square meters out of the instant housing site, and ② H large scale 260 square meters among the said migrants’ housing site, respectively to purchase KRW 389,920,00.

(2) Each of the above sites is "each of the instant sites" and each of the above contracts for sale in lots is "each of the instant contracts for sale in lots."

At the time of entering into each of the instant sales contracts, the Korea Land Corporation calculated the sales price based on the unit price calculated by applying the gap rate by individual parcel to the unit price per square meter in accordance with the established rules on the establishment and implementation of relocation measures (hereinafter referred to as "established rules on relocation measures"), which are internal regulations, at the time of entering into

(The subject of each of the instant sales contracts is not more than 265m2. The supply size of the previous residential sites under Article 16 (Scale of Supply) of the Regulations on the Establishment and Implementation of Relocation Measures shall be based on the size of 165m2 or 265m2 per parcel.

arrow