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(영문) 울산지방법원 2015.01.14 2014가합2842

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 relevant Plaintiff is an urban development cooperative that implements an urban development project (hereinafter “instant urban development project”) in Ulsan-gu, Dong-dong 520-3, Ulsan-gu, and the Defendant is the Plaintiff’s member who owns a total of 19 square meters, including a total of 19 square meters, and a total of 26,105 square meters, including a total of 231-1 square meters, Dong-dong 231-1, Ulsan-gu, Ulsan-gu, Ulsan-do.

B. As a result of the Plaintiff’s implementation of the instant urban development project, the Plaintiff was designated as an urban development zone zone on December 2, 2004, and the project is underway with approval of the implementation plan on January 15, 2007, including the completion of the excavation of cultural heritage (98%) as of April 15, 2010.

C. The Defendant: (1) owned 231-1 261 m2, 314 m2, 314-1 m2, 314-1 m2, 318 m2, 315-6 m21, 321 m22-1, 322-1 m2, 328 m232, 324 m24, 325 m25 m2, 325 m25 m2, 325-1 m2, 326-1, 323 m2, 326-1, 325 m2, 326-21, 439-1, 3294 m2, 14, 367 m29-1, 14, 397 m2, and 5 m204 m2, and 367 m24, m294.

(2) On January 2006, the Defendant sent a public notice to the Ulsan Metropolitan City Mayor having jurisdiction over the instant urban development project to request cooperation by taking into account the size of the surrounding development plan and the secured land and other various matters, while having the intent to promote the project for the display of automobiles and the new construction of museums and auxiliary facilities in the land scheduled for collective land substitution of this case.

(3) At the time of authorization of a land substitution plan on 2007, the Defendant is Hyundai Motor Vehicle owned by the Defendant.