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(영문) 서울고등법원 2016.02.03 2012나70670
부당이득금반환
Text

1.The judgment of the first instance shall be modified as follows:

The defendant (1) 20,220,212 won against plaintiff F and this.

Reasons

1. Basic facts

A. On April 30, 2001, the Minister of Construction and Transportation (1) designated and publicly announced a zone for the housing site development of a zone with B/C members 9,042,000 square meters as a zone for the housing site development of a zone and approved and publicly announced the housing site development plan on December 14, 2001.

(2) On December 26, 2002, the Korea Land Corporation (hereinafter “Korea Housing Corporation”) was merged with the Korea Housing Corporation on October 1, 2009, and became the defendant. The Korea Land Corporation (hereinafter “Korea Housing Corporation”) became a project executor of the “D Zone Housing Site Development Project” in which the said prearranged area for the said housing site development project is a project district (hereinafter “instant housing site development project”).

(2) The Defendant decided to specially supply a detached house site within the instant housing site development project zone as part of the relocation measures against those who lose their base of livelihood due to the expropriation of housing or land owned by the Defendant due to the implementation of the instant housing site development project.

On October 7, 2003, the defendant announced that 230 square meters of one parcel should be supplied to persons subject to relocation measures at a level below 80% of the development cost, but that the portion inevitably exceeding the above area should be supplied at the appraisal price due to the conditions under which the shares are to be demarcated.

B. The Defendant determined the sale price of the housing site to be specially supplied to the persons subject to the relocation measures and the sale price of the housing site to be supplied to the general consumers as follows:

(1) With respect to persons subject to relocation measures, pursuant to the established rules on the establishment and implementation of relocation measures (hereinafter referred to as the “established rules on relocation measures”), the unit price of supply per 1 square meter of the migrants’ housing site shall be 680,669 won (the method of calculating the unit price under the sales contract prescribed by the established rules on relocation measures shall be as listed below [Attachment 1]), and pursuant to Article 17(3) of the established rules on relocation measures that ensure that the supply price may be differentiated in consideration of the individual characteristics of migrants’ housing sites.

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