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(영문) 서울고등법원 2015.11.27 2014나2001384
부당이득금반환
Text

1. The designated parties to the judgment of the first instance except for I, L, U, AC, AH, EG, and EJ, and the Plaintiff (Appointeds).

Reasons

1. Facts of recognition;

A. The Korea Housing Corporation (the defendant was merged with the Korea Housing Corporation on October 1, 2009 and became the defendant; hereinafter "the defendant") made the first announcement of invitation on June 28, 2002 for the purpose of leasing the AP apartment (hereinafter "the apartment of this case") for five years.

Accordingly, the remaining designated parties except H, I, J, L, U,C, AH, Q, AR, and AI, and the plaintiffs, AS, AT, AT, AU, AV, AW, AY, AY, AZ, and BA, BB, BC, BD, and BD, and AV, respectively leased the relevant apartment as indicated in the list of the designated parties in attached Table 1 and attached Table 2.

B. Since September 2009, from around December 2009 to December 2, 2009, the Defendant concluded each sales contract (hereinafter “each of the instant sales contracts”) with respect to the relevant apartment as indicated in attached Table 3 attached hereto with the designated parties, excluding H, I, J, L, U,C, AC, AH, Q, and AI, and the remaining designated parties, including Plaintiff AS, AT, AU, AV, AW, AY, AY, AZ, AZ, BB, BD, and AV, and each of the aforementioned designated parties and the rest of the designated parties around that time paid the corresponding amount indicated in the “Defendant-sale Price” column in attached Table 3, and sold each of the relevant households in the same list as the sale price.

C. The Appointed, J, Q, AR, AI, Plaintiff AS, TU, AV, AW, AY, AY, AZ, AZ, BA, BB, BC, BD, and AV received or succeeded to the claim for return of each unjust enrichment of the instant apartment from the number of buyers of the instant apartment units, as shown in the following table. The transferor of each of the instant claims for return of unjust enrichment of this case notified the Defendant at that time.

The heir who is the successor of the name-for-the-counter succession shall be selected as the successor of the transfer of the credit, and the heir of the credit shall be selected as the successor of the credit who is the successor of the name-for-the-counter succession, and the heir of the credit shall be entitled to the transfer of the credit of the plaintiff AT BH due to the division of inheritance AY BF consultation.

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