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(영문) 수원지방법원성남지원 2011.11.30 2011가합13391
부당이득금
Text

1. The defendant,

A. As for Plaintiff A and B, 50,692,697 won, Plaintiff C, D, E, F, and G, respectively, shall be as specified in attached Form 8.

Reasons

1. Basic facts

A. On December 3, 2004, the Minister of Construction and Transportation designated CL, CM, and CN as a prospective housing site development area under the Housing Site Development Promotion Act, and the project implementer of the said BF housing site development project (hereinafter “instant project”) as the Korea Land Corporation (hereinafter “Defendant”). On May 18, 2007, the Minister of Construction and Transportation approved the amendment of the development plan and the implementation plan as CO announcement of the Ministry of Construction and Transportation on May 18, 2007.

B. The Defendant: (a) as the housing district was incorporated into the instant project zone; (b) as part of the relocation measures for the residents who lost their means of their living due to the expropriation of the housing or land, etc., the Defendant specially sold the housing site within the instant project zone to the persons selected as those subject to relocation measures; and (c) accordingly, the Plaintiffs entered into a contract with the Defendant for the sale in lots (hereinafter “each sale in lots”) around December 2007, or succeeded to the rights and obligations under the sales contract from the residents who entered into

(Plaintiffs AR, AS, and AU have 1/2 shares of each of the CU, Plaintiff A and CR, Plaintiff AV, and W CTS, Plaintiff AV, and Plaintiff AX, AY, and B, respectively). (CU, Plaintiff A, B, and B have 1/2 shares of each of the CU, Plaintiff A, B, and B.)

On December 2, 2010, the succeeding intervenor AP and Q were 1/2 shares each of the rights and obligations relating to the housing land that the plaintiff CX purchased from the defendant as above, and the succeeding intervenor H on December 14, 2010 between the plaintiff CY and the plaintiff CY, the rights and obligations related to the housing land that the plaintiff CY purchased from the defendant, the succeeding intervenor BL between the plaintiff CZ and the defendant on April 22, 2010, and the rights and obligations related to the housing land that the plaintiff CZ purchased from the defendant on January 21, 2010, and the succeeding intervenor BM between the plaintiff DA and the defendant on January 21, 2010, between the plaintiff DA and the succeeding intervenor on April 26, 2011.

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