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(영문) 광주고등법원(전주) 2015.11.19 2015나100872

부당이득금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a housing association that obtained approval for the housing construction project plan for the instant project from the former market by acquiring all rights related to the project that newly constructs apartment units in the Yansan-gu D (hereinafter “C”) in the previous city in the previous city. The Defendant is an educational foundation that operates Fhigh School and G Middle School from the former E-gu in the Jeonsan-gu, Jeonju-si, and H is the chief director of the Defendant.

B. C entered into a sales contract with H on August 23, 2004 and the Defendant’s contribution acceptance agreement 1) on the purchase price of KRW 9,81,200,000 for 1,50,000 for the intermediate payment, KRW 3,500,000 for the intermediate payment, and KRW 5,381,200,200 for the remainder payment until January 15, 2005, and KRW 23,332 square meters for the entire city of Jeonsan-gu, Jeon-si, the Defendant owned, and concluded a sales contract under the name of H that is not the Defendant since the relevant administrative procedures, such as permission for disposal, etc., under the Private School Act, have not been completed (However, since it was not completed by the competent authority under the Private School Act, the sales contract was concluded under the name of H other than the Defendant.

(a) Payment of KRW 3,30,000,00 in total to H as part of down payment and intermediate payment. A. The portion on the side and the portion on the south side following the change in the school facility site should be a school facility and the portion on the green belt on the side of the land to be incorporated must be preserved in its original form before the completion of the building.

(b).

With respect to a site (other than I and three lots, other than 3,093 square meters) provided as public vacant land on the side of the school, relevant documents shall be prepared and submitted so that it may be determined as urban planning facilities (public vacant land) and related documents shall be also prepared and submitted to the relevant departments shall be

B. On March 29, 2006, the Defendant, on the ground that it is necessary to improve old school facilities, excluded some unused land from school facilities, etc. among five parcels of land, 23,332 square meters and 23,332 square meters, which is the former Mayor of the Jeonju-gu Seoul Special Metropolitan City.

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