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(영문) 서울동부지방법원 2016.05.27 2015가합110544

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

Basic Facts

Based on the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012; hereinafter “Urban Improvement Act”), the Plaintiff purchased the Plaintiff’s status and the State-owned or public land is a housing redevelopment improvement project association established for the purpose of implementing a housing redevelopment improvement project with 280 gold-dong 1 as a rearrangement zone, and was subject to a disposition to authorize the establishment of the association (hereinafter “instant authorization disposition”) by the head of Seongdong-gu Seoul Metropolitan Government (hereinafter “head of Seongdong-gu”) on January 26, 2007.

On January 23, 2009, pursuant to Article 66(4) of the Urban Improvement Act, the Plaintiff entered into a contract to purchase each of the 213,500,000 (hereinafter “instant sales contract”) a total purchase price of the 169-2, and 17 parcels owned by Seongdong-gu Seoul, Seongdong-gu, Seoul, the State-owned and public land located within the said project zone, for the total purchase price of KRW 2,903,548,00,00, and the 519-3, and the 390, and 5 parcels owned by the Defendant Republic of Korea, from total purchase price of KRW 213,50,00 (hereinafter “instant sales contract”).

The remainder payment date stipulated in the instant sales contract is March 23, 2009.

At the time of concluding the instant sales contract, the Plaintiff agreed with the Defendants that “if the Plaintiff delays the payment of the remainder, he/she shall pay the remainder in addition to the late payment charge pursuant to Article 44(3) of the Enforcement Decree of the State Property Act, and shall not be subject to transfer of ownership unless the sales

Around March 2009, some members of the Plaintiff filed a lawsuit seeking nullification of the establishment of a partnership against the Plaintiff and filed a petition with the Seoul Eastern District Court for a preliminary injunction against the Plaintiff. On May 29, 2009, the Seoul Eastern District Court prohibits the Plaintiff from performing all duties regarding housing redevelopment projects until the final judgment on the claim for confirmation of the establishment of partnership's establishment becomes final and conclusive.