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(영문) 서울고등법원 2015.02.11 2013나62379

부당이득금반환

Text

1. Of the judgment of the court of first instance, the part against the plaintiff C that constitutes the money ordering payment below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Defendant Cooperative was established on October 5, 2001 by obtaining authorization for the establishment of a housing redevelopment project on the housing redevelopment project of 20,112 square meters in Seongbuk-gu Seoul, Seongbuk-gu (hereinafter “instant redevelopment project”) from the head of Seongbuk-gu Seoul Metropolitan Government (hereinafter “head of Seongbuk-gu”), and on September 16, 2002, the housing redevelopment cooperative was established on January 23, 2002; and on September 16, 2002, the head of Seongbuk-gu under Article 22 of the former Urban Redevelopment Act (amended by Act No. 6655 of Feb. 4, 2002; hereinafter “former Urban Redevelopment Act”) and implemented the instant redevelopment project. The Plaintiff was employed as the head of the Defendant Cooperative from June 5, 2002 to August 8, 2007.

B. 1) The Seongbuk-gu Seoul Metropolitan Government G Large 628С (hereinafter “instant site”)

(1) The Defendant Union’s establishment authorization date was maintained as of October 5, 2001, which was the date of the Defendant Union’s establishment authorization date, and an unauthorized factory building with a total floor area of 624.8 square meters on that ground (hereinafter “instant factory building”).

A) Unauthorized housing building with a total floor area of 115.7 square meters (hereinafter “instant housing building”).

(2) On September 3, 2002, the Plaintiff: (a) had public officials I andO belonging to H of Seongbuk-gu Office H enter the instant housing building as owned by the lessee; (b) paid 1 million won as a precedent fee to I andO on September 18, 2002; and (c) the instant housing building was replaced by the Plaintiff’s wife E around November 2002.

3) On March 14, 2003, Plaintiff A, Plaintiff C, and its Chok K are deemed to have the authority to file an annual appeal against the portion of the instant factory building among the instant site from Seoul Special Metropolitan City on March 14, 200, and they purchase 200/628 shares (6.7/628 shares, respectively, for Plaintiff A and K, and for Plaintiff C, 66.6/628 shares, for KRW 203,90,000, and completed the registration of ownership transfer on January 7, 2004, and K sold its shares to Plaintiff B on January 31, 2004, and completed the registration of ownership transfer on February 23, 2004.