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(영문) 서울중앙지방법원 2014.11.19 2013가합543369
부당이득금
Text

1.(a)

The Defendant E.S. Corporation shall pay Plaintiff H KRW 5,500,000 as well as its full payment from October 1, 2013.

Reasons

1. Basic facts

(a) Attached Form 1 of the implementation of public works and relocation measures;

1. Each of the plaintiffs listed in the list of public works (hereinafter referred to as "each of the buyers of this case") included each of the public works (hereinafter referred to as "each of the public works of this case") in the project district of the same list executed by each of the Defendants (including the main Defendants and the conjunctive Defendant Seoul Special Metropolitan City; hereinafter the same shall apply) on the same list of housing, land, etc. owned by them in the project district of the same list of public works (hereinafter referred to as "each of the public works of this case").

2) Accordingly, the Defendants are entitled to the Rules on Special Supply of National Housing to the Residents of the Seoul Special Metropolitan City (Ordinance No. 3391, hereinafter “instant Special Supply Rules”).

Pursuant to Article 5 of the Rules of Special Supply of this case, each purchaser of this case who is eligible to be supplied under Article 5 of the Rules of Special Supply of this case shall be a district in which the national rental housing complex in Gangnam-gu Seoul Metropolitan Government is planned (hereinafter

(B) to specially supply the national housing to be constructed as described in paragraph (1) below, and publicly notify the guidance of special supply contract for apartment buildings in the instant project area.

The sale price due to the special supply was determined as the same amount as the sale price of apartment according to the general sale.

B. Defendant SH Corporation (hereinafter “Defendant SH Corporation”) in the instant project zone

The apartment of national housing scale (hereinafter “instant apartment”) is located within the instant project zone as follows:

- Business area: 263,814 square meters - Business area: from June 10, 2005 to December 31, 2010 - Multi-family housing No. 2,463 (this was changed to 2,121) (the national rental housing was changed to 2,121), and the national rental housing was 1,196.

(2) Defendant SH Corporation around 2010.

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