부당이득금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is a project implementer that implements a housing reconstruction project (hereinafter “instant project”) in a housing reconstruction rearrangement zone of 27,01m2 on the ground of land 531m2 in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, which is designated as a zone where a housing reconstruction project is implemented pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).
B. On September 5, 2013, the Plaintiff entered into a sales contract with the Defendant, Nowon-gu, Seoul Special Metropolitan City and with respect to six parcels and one building, other than KRW 3,296,208,680, which are Gu-owned property in the instant project zone, with the purchase price of KRW 3,296,208,680, and paid the down payment of KRW 329,620,860 on the same day, and KRW 2,966,587,820 on November 4, 2013, respectively.
C. On December 20, 2013, the Plaintiff entered into a sales contract with the purchase price of KRW 2,913,330,000 on two parcels, including the land owned by the Republic of Korea and Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, which is a state property within the instant business zone, with the purchase price of KRW 857-21,74 square meters and KRW 2,913,30,00 (hereinafter “second contract”), and paid the full purchase price on the same day.
Among the objects of the contract 1, the current status of the road in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, 507-1 road 279m2, 508m2, 158m2 and 2m2, among the objects of the contract 508-13m2 and the object of the contract 502-29m2, Dong-dong, Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City (hereinafter the above 3m2, referred to as the "road in this case"), is the road, and the route approval was announced as a road zone on June 15, 200 by the Seoul Special Metropolitan City, Nowon-gu,
[Ground of Recognition] Facts without dispute, Gap evidence 1 through 9, 17, and 18 (including the branch numbers in the case of supplemental evidence) and images, Gap witness Gap's testimony and the purport of the whole pleadings
2. The assertion and judgment
A. According to the latter part of Article 65(2) of the Plaintiff’s argument, the instant project implemented by the Plaintiff, a private project operator, is abolished.