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(영문) 서울중앙지방법원 2012.10.31 2011가합27054
부당이득금반환
Text

1. The defendant shall pay to the plaintiffs each amount stated in the separate sheet for calculation of unjust enrichment.

Reasons

1. Basic facts

A. The Defendant is the project implementer of the Heung-gu K, L and M “N district” housing site development project (hereinafter “instant development project”), and the Plaintiff J entered into a contract for sale of the housing site for the migrants (multi-unit housing site) executed by the Defendant to the original residents as part of the relocation measures as a result of the expropriation of the housing owned by the Plaintiff J as the housing site was incorporated into the development project district of this case. The rest of the Plaintiffs succeeded to the status of the contract for sale of the housing site for the migrants from the original residents.

B. The content of each sales contract and rights and obligations between the defendant and the original residents of this case and the plaintiffs are as stated in the attached sales contract and the contents of succession of rights and obligations.

C. The Plaintiffs paid all the sales price indicated in the separate sheet for calculation of unjust enrichment in the separate sheet for calculation of unjust enrichment by each date indicated in the separate sheet for calculation of unjust enrichment.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9 (including each number, if any) and the purport of the whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached Form;

3. The plaintiffs' assertion

A. Under the former Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (amended by Act No. 8665 of Oct. 17, 2007; hereinafter “former Public Works Act”), the Plaintiffs received the special supply of each of the instant special housing from the Defendant or succeeded to the status of the sales contract. According to Article 78(4) of the former Public Works Act, the costs of installing basic living facilities should be borne by the project operator and should not be borne by the person subject to relocation measures. However, the Defendant calculated the sales price to the Plaintiffs, including the cost of installing basic living facilities, while selling each of the instant special supply housing, and calculated the sales price including the cost of installing basic living facilities.

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