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(영문) 광주지방법원 2015.12.17 2014가합51550
부당이득금
Text

1. The defendant falls under the "amount of figures" column in the attached calculation sheet for the plaintiff (appointed parties) and the appointed parties, respectively.

Reasons

1. Basic facts

A. Defendant’s acquisition of a housing construction project and new construction of apartment units 1) Do-do comprehensive construction company (hereinafter “Do-do comprehensive construction”).

B) As between the Korea Land Corporation on September 9, 2002 and the Korea Land Corporation, prior to the subdivision located within B that was developed and created by the Korea Land Corporation (hereinafter “C land prior to the subdivision”) the CJ 32,676.2 square meters (hereinafter “C land prior to the subdivision”) shall be the land prior to the subdivision.

A) A sales contract was concluded to purchase the apartment by designating the purpose as a site for multi-family housing, and 592 households, 592, 15 stories above the ground surface on the above land (hereinafter “instant apartment”).

A) Around June 30, 2004, in order to newly build a housing construction project, the head of the relevant Gun completed the construction project plan’s approval pursuant to Article 16 of the former Housing Act (amended by Act No. 7335 of Jan. 14, 2005). (2) Around September 2005, the Defendant entered into a housing construction project agreement with the present comprehensive construction and the present comprehensive construction to ensure that the Defendant will succeed to all rights and obligations relating to the instant apartment construction project from the present comprehensive construction, and completed the registration of ownership transfer under the name of the Defendant as to the land before the division, after entering into a contract with the Korea Land Corporation and the present comprehensive construction on September 13, 2005 with the content that the Defendant will succeed to the purchaser’s status under the sales contract for the land before division.

3) On July 10, 2007, from the land before subdivision C, the size of 656.6m2 and the size of 135m2 in Jeonju-gun, Jeonju-gun, Jeonju-gun, Jeonbuk-gun, Jeonbuk-gun, was divided. On July 26, 2007, D major 656m2 and became 32,541.2m2m2 in Jeonbuk-gun, Jeonbuk-gun, Jeonbuk-gun (hereinafter “instant housing site”).

4) The Defendant completed the instant apartment in the instant housing site with the funding from the National Housing Fund. On August 20, 2007, the Defendant obtained approval for use from the head of the complete Gun, and completed the registration of preservation of ownership in the name of the Defendant on the same day.

The sale area of the apartment of this case and the house type 25 square-type 35 square-type .

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