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(영문) 의정부지방법원 2013.01.30 2011가합1184
부당이득금반환
Text

1. The defendant shall pay to the plaintiffs the amount corresponding to each plaintiff as stated in attached Form 2's "official fees" and each of them.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in the entries in Gap evidence 1 to 3, 5, 6, Eul evidence 1 to 5, and 8 (including each number, if any; hereinafter the same shall apply):

A District Development Project and the modified Korea National Housing Corporation (the Korea National Housing Corporation and the Korea Land Corporation were merged with the defendant on October 1, 2009; hereinafter the same shall apply) shall obtain approval from the Gyeonggi-do Governor for a housing site development plan for a housing site development project for a zone A (hereinafter referred to as the “instant development project”) in Yang-gun, Yangju-gun, C (C, D) large housing site (hereinafter referred to as the “instant housing site”) from the Gyeonggi-do Governor, and obtain approval for a change of a housing site development plan and an implementation plan for the said housing site development project several times thereafter.

The area of the instant housing site became a P 563,831 square meters through the above approval of the modification.

B. Approval of the housing construction project plan and its modification 1) The Defendant is an apartment complex of F1 complex of 792 households in public sale (G; hereinafter “the apartment complex of this case”) from the Q Gyeonggi-do Governor on the block of the housing site development project of this case.

(2) Upon obtaining the approval of the housing construction project plan, the Defendant obtained the approval of the housing construction project plan that constructs the apartment complex of this case as a public rental housing unit of 792.2) The Defendant obtained the approval of the housing construction project plan that constructs a F2 apartment complex of 1,935 households (I; hereinafter “instant apartment complex of this case”) in total of 1,935 households, including 368 households in public sale, labor welfare portion, 1,000 households in the H block in the housing site development project district of this case, and the housing construction project plan that constructs the apartment complex of this case as a total of 1,935 households, including 1,934 households in public sale, public rental portion, 1,934 households, etc.

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