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(영문) 수원지방법원성남지원 2012.05.10 2010가합6105

부당이득금

Text

1. Of the instant lawsuit, the Plaintiff’s lawsuit against the Defendant was concluded on September 9, 201 by the withdrawal of the lawsuit.

2. The defendant.

Reasons

1. On May 11, 2010, Plaintiff A (Plaintiff A) granted the power of attorney of the instant lawsuit to the law firm BS, which is authorized to perform all the procedural acts including the withdrawal of the lawsuit, and the law firm BS designates BT and BU as an attorney. However, on September 9, 201, Plaintiff A submitted a written withdrawal of the lawsuit to withdraw the lawsuit against Plaintiff A to this court as Plaintiff’s attorney in the capacity of Plaintiff A’s attorney, and the Defendant’s attorney stated that he/she consented to the withdrawal of the lawsuit on September 15, 201, which is the third date for pleading of the instant case, is clear in the record.

Therefore, the plaintiff A's lawsuit against the defendant is terminated by the withdrawal of the lawsuit from September 9, 2011.

(A) On September 16, 201, the Plaintiff’s attorney submitted a document to correct or withdraw the above written withdrawal on the ground that the entry in the above written withdrawal was an obvious clerical error, but it cannot be deemed that the effect of the withdrawal of the lawsuit already occurred is null and void). 2. Basic facts

A. On September 27, 2002, Asan City BV, BW, BX, BY, and CA whole zone was designated as a planned housing site development district by CB publicly notified by the Ministry of Construction and Transportation on September 27, 2002, and the Korea National Housing Corporation (the defendant comprehensively succeeded to the rights and obligations of the Korea National Housing Corporation on October 1, 2009; hereinafter referred to as the "Defendant") which is the project implementer of the aboveCC district (the development project in this case was referred to as the "the development project in this case") has obtained the approval of the housing site development plan as a CD published by the Ministry of Construction and Transportation on January 5, 2004, and the approval of the development plan and implementation plan of the housing site development project as a CD published by the Ministry of Construction and Transportation on January 6, 2005, the revision of the development plan and the modification of the development plan as CE, and the approval of the development plan (the next amendment) and the next amendment of the development plan as CF.

B. The defendant, who entered into a sales contract on the housing site of migrants, has owned the housing as it was incorporated into the development project area of this case.