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(영문) 서울중앙지방법원 2015.06.04 2013가합81731

부당이득금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a company established around July 2005 and engaged in housing construction business, etc. (2) On November 30, 2006, the Plaintiff entered into an agreement on the implementation of an urban development project (hereinafter “instant agreement”) with the Defendant (Seoul-do, through Chungcheongnam-do, to Si/Gun in 2012) (hereinafter “instant urban development project”).

3) At the time of entering into the instant agreement, “D District Urban Development Project Agreement” (Evidence A No. 1, hereinafter referred to as “instant agreement”) drafted is called the “Written Agreement.”

(1) The Plaintiff and the Defendant agreed to provide the Plaintiff with active administrative support, information provision, administrative guidance, etc. to promote an urban development project, and to complete an urban development project in good faith by complying with lawful procedures and performing good faith and responsibilities (Article 1). ② The Defendant agreed to grant the Plaintiff the Plaintiff the qualification for the purchase, etc. of the site in the above D Area (Article 2). ③ The Defendant shall support the Plaintiff for the use of the D Sewage Terminal Treatment Facility, an urban infrastructure (Article 4). ④ The Plaintiff and the Defendant agreed to create a site with approximately 10,00 square meters for E urban extension and transfer centers, and farming practice centers, etc. located in C at a place designated by mutual consultation, and donate buildings approximately 1,000 square meters in total floor area to the Defendant (Article 6). (2) The Plaintiff and the Defendant concluded a detailed agreement on October 26, 2007 to stipulate the matters to implement the instant agreement in detail (hereinafter “instant agreement”).

2) At the time of entering into the instant detailed agreement, the “Detailed Implementation Agreement for the Convention on the Urban Development Projects of the D District” (Evidence 2, hereinafter referred to as the “Written Agreement”) prepared by the instant detailed agreement is called the instant detailed agreement.

The following shall be written:

① The Plaintiff on April 2008