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(영문) 서울고등법원 2015.04.02 2014나2025724

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

Judgment of the first instance.

Reasons

1. Basic facts

A. The Plaintiff is the Housing Redevelopment Improvement Project Association established with the approval of the head of Dongjak-gu on April 27, 2006 by the head of the Gu on April 27, 2006 to implement the Housing Redevelopment Improvement Project (hereinafter “instant Improvement Project”) in the Dongjak-gu Seoul Metropolitan Government Black-dong 247 square meters (hereinafter “instant Improvement Zone”).

B. On July 10, 2006, the head of Dongjak-gu announced the project implementation with respect to the Plaintiff, “The State-owned or public land to be purchased within the instant rearrangement zone shall be purchased by the property owned before the commencement of the project, and the ownership shall be transferred (Paragraph 5), and the State-owned or public land within the relevant housing redevelopment improvement zone shall be purchased by the project implementer, etc. before the commencement of the project, and if the land subject to gratuitous concession, etc. is included, prior to the authorization of the project implementation, it shall complete consultation with the pertinent property management authority (the matters concerning finance and property management among the matters for each sector).”

C. On November 17, 2010, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 1,892,889,450, 329-2, 467.9 square meters (hereinafter “instant land”) located within the instant rearrangement zone, in accordance with the terms and conditions of the said project implementation authorization. The Plaintiff paid the purchase price to the Defendant around that time, and completed the registration of ownership transfer for the instant land.

Meanwhile, while implementing the instant improvement project, the Plaintiff newly established an amount equivalent to KRW 20,246,58,755 on a part of the land in the instant rearrangement zone, including KRW 1,451.6 square meters in a road, 5,623.1 square meters in a park, 3,040.2 square meters in connection with connected records, and 49 square meters in a public land, and KRW 6,814 square meters in a school, and KRW 20,246,59,75 in a school. The subject of gratuitous concession among the rearrangement infrastructure that is abolished due to the implementation of the instant improvement project, is a ditch, 643 square meters in a road, and 2,892 square meters in a road