부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The status of the parties is established for the purpose of implementing apartment houses (hereinafter “instant apartment buildings”), neighborhood living facilities (hereinafter “instant commercial buildings”) and reconstruction projects of incidental facilities (hereinafter “instant project”) on the land outside and 22 lots in Ansan-gu, Ansan-gu, Ansan-gu, and the Defendant is a partnership that obtained approval for the establishment of a partnership around December 2002 from the Ansan-gu pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The Plaintiff is a company that operates the construction business, etc., and is the starting project of the instant project.
B. On July 31, 2006, the Plaintiff entered into a contract between the Plaintiff and the Defendant for the instant project (hereinafter “instant contract”).
(A) The main contents of the contract are as follows (the “Defendant” and the “Defendant” refer to the Plaintiff, respectively:
3. Summary
1. Title of the project: A apartment reconstruction consolidation project association;
2. Location of business: B and 22 parcels in Ansan-gu, Gyeonggi-do.
3. Area of business: 47,875.22 square meters (14,482.24 square meters);
4. Details of the project: Construction of new construction facilities approved by the head of the competent local government;
5. Construction method: Article 4 (Method of Implementation of Projects) (1) of the terms of the contract for the construction of apartment and accessory and welfare facilities for the land owned by A (a fixed equity) (i) provides “B” with “B” and “B” land outside and outside 22 lots of land owned by the members of the association, and supply “A” and “A” with the apartment and ancillary and welfare facilities newly built in return for the provision.
(hereinafter) (2) The term “B” means the apartment and accessory and welfare facilities newly built on the land provided by the head of the competent local government on the site referred to in paragraph (1) in accordance with the design documents, terms, conditions, etc. of the project implementation authorization and the construction of the building facilities, and the payment conditions for the land provided by the “A”, shall be supplied to the “A”,