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(영문) 서울중앙지방법원 2013.11.19 2013가합504258

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

1. Facts of recognition;

A. A housing construction project (hereinafter “the instant housing construction project”) consisting of a housing construction project site consisting of the Defendant company, including the installation plan, etc. of infrastructure for the neighboring housing development project in the Seongdong-si, Sung-dong, Suwon-si (hereinafter “instant housing construction project”).

3) On December 29, 2003, the Seongbuk-gu Infrastructure Convention (hereinafter “instant Infrastructure Convention”) stating that “The project implementer of the instant housing construction project shall install urban infrastructure in accordance with the Sung-gu Development Plan and contribute it to the acceptance of the plan, and pay the cost of construction of infrastructure calculated by the ratio of the area of the site for application for approval of the project, and the cost of increase and decrease in the cost of the project due to the alteration of the development plan in the course of the project, shall be settled according to the modified contents in the event of increase and decrease in the cost of the project (hereinafter “instant Infrastructure Convention”).

(2) Around December 31, 2005, the Defendant Company entered into a housing construction project approval plan with respect to three housing complexes (1,2,4 complexes) among the housing complexes constructed according to the instant project around December 31, 2005, and received a housing construction project approval plan for two complexes (3,5 complexes) around November 2007, as well as two complexes (3,5 complexes) among the housing complexes (3,5 complexes) constructed according to the instant project.

3) On March 31, 2004, the Yongsan City was prior to the amendment by the former National Land Planning and Utilization Act (amended by Act No. 7848, Jan. 11, 2006).