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(영문) 서울중앙지방법원 2013.09.26 2013가합9760

부당이득금반환

Text

1. The Defendant shall pay 1,200,000,000 won to the Plaintiff and 20% per annum from February 14, 2013 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is the executor of the business that newly constructs and sells apartment units in the Ulsan-gu Postal Zone 694 (hereinafter “instant business”). On December 15, 2006, the Plaintiff obtained approval of the instant business plan with the following contents from the Ulsan Metropolitan City Mayor on December 15, 2006.

- next - Business Location: 65,602.0 square meters and number of Dong /Dong /Dong 694 square meters and 25 above ground (10 square meters and 5 Dong : 372,781,244 square meters: 372,781,244 square meters and 398-7 square meters and 398-7 square meters and 398-7 square meters and 5 veterans center) are currently used for public purposes, so it is desirable to consult with the Jung-gu Busan Metropolitan City Social Welfare Office (hereinafter referred to as the "Social Welfare Office") before the commencement of the project.

On the other hand, on November 27, 2006, prior to the approval of the project plan of this case, the Plaintiff and the Defendant concluded an agreement on November 27, 2006 with respect to the land and the above 398-7 of the Postal Service-dong and the above ground-based senior citizens center facilities (hereinafter “the senior citizens center site and building”), which are public facilities included in the project site, to transfer the senior citizens center site and the building to the Plaintiff (free transfer) and to the

The specific contents are as follows:

-The plaintiff, in accordance with Article 1 (Provision of Substitute Facilities) below, shall construct and donate alternative facilities before being transferred by the defendant to the senior citizen center site and building:

Article 3 (Construction of Substitute Facilities) (1) The Plaintiff shall construct a reinforced concrete structure in the area of a land (156 square meters) located in 398-7, Jung-gu Postal Zone (156 square meters) and a ground building (180 square meters) located in the Jung-gu Postal Zone (100 square meters: 150 square meters) and contribute it to the Defendant.

C. However, when the Defendant was unable to provide public land as the site for the substitute facility, the Defendant purchased the land for the substitute facility at the Plaintiff’s own expense and requested the Plaintiff to construct the substitute facility.