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(영문) 전주지방법원 2015.05.27 2013가합8167 (1)

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a housing association that has obtained the business rights of the housing construction project (hereinafter referred to as the "project in this case") that was implemented by the original corporation C (hereinafter referred to as the "C") and obtained the approval of the housing project plan to build apartment buildings in the whole land D in the front city of the Jeonju-si. The defendant is a school foundation that operates the F High School and G Middle School in the Jeonsan-gu E-gu of the Jeonju-si, and H is the chief director of the defendant.

B. B. C’s progress of the instant project and the Defendant’s instant agreement 1) concluded a sales contract with H on August 23, 2004 with the content that it shall be paid for KRW 9,881,200,000 for the entire city area D school site owned by the Defendant, and KRW 1,000,000 for the contract payment of KRW 3,50,000 for the intermediate payment, KRW 5,381,200,000 for the remainder payment until the end of February 15, 2005 (i.e., permission of disposition by the competent authorities, etc.).

(2) On March 29, 2006, the Defendant applied for the alteration of an urban management plan (school) to the Jeonju City on the grounds that it is necessary to improve old school facilities. On September 22, 2006, as a result of the deliberation by the urban planning committee of the Jeonju City on several occasions, the amendment of the above urban management plan was resolved on September 22, 2006 on the following conditional terms.

The undeveloped land on the side and on the south side due to the change of the school site shall be included in school facilities as urban planning facility site (school site) before the construction is completed, and the green area on the side of the letter to be incorporated shall be preserved in

(b).

With respect to a site (I and three lots, other than I, 3093 square meters) to be provided as public vacant land on the side of the school, it shall be located.