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(영문) 서울고등법원 2016.08.26 2016나2005502
부당이득금반환
Text

1. Of the judgment of the court of first instance, the part concerning the plaintiffs is modified as follows. A.

Attached Form 1. From No. 1 to No. 1.

Reasons

1. Basic facts

A. On November 16, 2000, the Korea National Housing Corporation (the Korea National Housing Corporation and the Korea Land Corporation were merged on October 1, 2009 and became the Defendant; hereinafter “Defendant”) obtained approval from the Gyeonggi-do Governor for the construction project plan of G apartment-lease 12 Dong-dong 1,050 (hereinafter “instant apartment”) on the southyang-do ground of public rental apartment.

B. On October 15, 2002, the first announcement of the recruitment of the apartment of this case and the first announcement of the recruitment of the apartment of this case was made on October 15, 2002, and on July 8, 2004, the apartment of this case was leased for five years to the rest of the plaintiffs except the plaintiffs, excluding the plaintiffs, i.e., the deceased deceased I of the deceased of Plaintiff H (49) and the deceased of the deceased of Plaintiff J (260), the deceased of the deceased of Plaintiff J (276), the deceased of Plaintiff Q Q (787), and the deceased of Plaintiff Q Q (59).

C. Since September 2009, the Defendant entered into a sales contract for the apartment of this case with the above lessee for the sale of the apartment of this case after the lapse of five years, which is the mandatory rental period of the apartment of this case, and the sale period for the sale of the apartment of this case has arrived, the Defendant entered into a sales contract with each of the above apartment of this case as stated in the "Dong and Dong" column of the attached Table 2. The sale price for each of the above apartment of this case (hereinafter "each of the sale contracts of this case") and received the full payment

Plaintiff

Plaintiff H, J, L, N, and Q by inheritance of unjust enrichment claim of H, etc. is above B.

After the death of each decedent in the paragraph, the claim for return of unjust enrichment in this case against the defendant, which occurred in each apartment, was inherited independently, and the agreement on division of inherited property was reached.

E. The acquisition of unjust enrichment claim by the plaintiff T, etc., and the buyer of the same subparagraph shall be deleted.

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