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(영문) 서울서부지방법원 2016.12.15 2013가합32529

부당이득금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. 1 Implementation of a housing redevelopment project ) Zone B housing redevelopment and consolidation project partnership (hereinafter “instant partnership”).

(C) The Seoul Western-gu Seoul Western-gu Land (hereinafter “instant redevelopment project site”)

(1) The former Urban Redevelopment Act (amended by Act No. 6852 of Dec. 30, 2002, Jul. 1, 2003; hereinafter “former Urban Redevelopment Act”) provides for the following:

A) A housing redevelopment project with the content of removing existing buildings and constructing new apartments, etc. (hereinafter “instant redevelopment project”).

The association of this case was abolished on July 1, 2003, and implemented the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 6852 of Dec. 30, 2002, and enforced on July 1, 2003) on the same day, the association of this case was implementing the redevelopment project of this case as a housing redevelopment improvement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 6852 of Dec. 30, 2003). 2) The association of this case was authorized by the head of Seodaemun-gu on August 24, 191 by setting forth the management and disposal plan concerning the site and buildings to be created under the redevelopment project of this case, and according to the above authorized management and disposal plan, the redevelopment project of this case was to be a person who constructs apartment buildings, sales facilities, and neighborhood living facilities on the land of 41,667 square meters of the site of this case.

B. 1) The instant association obtained a certificate of completion from the head of Seodaemun-gu on February 26, 199 after completing the construction of a new 10-dong 85-dong 85 D apartment within the instant redevelopment project site, and on April 28, 1999, issued a certificate of completion to the head of Seodaemun-gu on April 28, 199, and issued a preferential sale notice of the said apartment building (hereinafter “public notice of the sale order of the instant apartment building”).

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