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(영문) 수원지방법원성남지원 2011.11.09 2009가합9474
부당이득금
Text

1. The defendant,

A. 1) For Plaintiff A and B, KRW 22,846,945, KRW 2) Plaintiff C and D respectively, KRW 33,647,237, Plaintiff E, and Plaintiff E.

Reasons

1. Basic facts

A. On April 25, 2001, the Minister of Construction and Transportation, on the public notice of the Ministry of Construction and Transportation, designated C, L, M, N,O, P, Q, R, S, and T members as planned areas for housing development under the Housing Site Development Promotion Act, and designated the project implementer of the said U’s housing site development (hereinafter “instant project”) as the Korea Land Corporation (hereinafter “Defendant”) and publicly notified that the said U’s housing site development project was merged with the Defendant’s lawsuit receiver established on October 1, 2009 after the instant lawsuit was filed.

B. The Defendant: (a) as the housing district was incorporated into the instant project zone; (b) as part of the relocation measures for the residents who lost their base of living due to the expropriation of the housing or land, etc., sold the land for detached houses within the instant project zone to the persons selected as those subject to relocation measures; and (c) accordingly, the Plaintiffs entered into a sales contract with the Defendant during the period from around 2003 to 2004, or succeeded to the rights and obligations under the sales contract from the residents who entered into the sales contract.

(Plaintiff A, Plaintiff C, and D succeeded to the rights and duties of sales contract on the Z site, Plaintiff E, and F, X site, Plaintiff G, and H respectively, and Plaintiff I, and J succeeded to the rights and duties of sales contract on the Z site, respectively. The final parcel number standard; hereinafter the same shall apply).

Plaintiff

AA purchased a parcel of land AB site 261 square meters from the Defendant, while Plaintiff AC succeeded to the rights and obligations under the sales contract on the AD site 224 square meters from Plaintiff AC, and around June 2009, AA transferred a claim for return of unjust enrichment against the Defendant seeking restitution of unjust enrichment against the Defendant in this lawsuit relating to the 224 square meters of the said AD site to Plaintiff AC and notified the Defendant of the fact of transfer of the claim.

At the time, the Defendant calculated the supply price of the above site for detached houses by the following methods in accordance with the internal regulations of the Defendant (Article 17 and Article 468 of the Regulations on the Establishment and Implementation of Relocation Measures) and calculated the sales price of each of the instant site based thereon.

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