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(영문) 서울동부지방법원 2016.05.11 2015가단116569

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. On June 14, 2003, the defendant removed existing buildings on the ground of Gangdong-gu Seoul Metropolitan Government on the ground and constructed D apartment 801 units (27 households and ancillary welfare facilities) with the size of 1st and 7st above the ground (hereinafter referred to as the "rebuilding project of this case") (hereinafter referred to as the "rebuilding project of this case"), is a housing reconstruction project partnership approved by the head of Gangdong-gu and the plaintiff is the defendant's member.

B. The head of Gangdong-gu authorized the implementation of the instant reconstruction project on May 8, 2006, and approved the management and disposal plan formulated by the defendant on June 20, 2007, and approved the amendment of each management and disposal plan around May 14, 2008 and around November 30, 2010. According to the Defendant’s management and disposal plan, 19 households among the 801 D apartment units constructed as the instant reconstruction project were sold in lots, 8 households were general, and 402 units of D apartment units (hereinafter “the instant apartment”) were sold in lots, and the Plaintiff was paid to the Defendant for the instant reconstruction project. The Plaintiff was a share of KRW 87,00,000 to the Defendant for the instant reconstruction project.

C. Around October 2006, the Defendant entered into a contract for construction work with the so-called Korea-style Construction Corporation (hereinafter “Korea-style Construction Corporation”) for the instant reconstruction project, and from June 2008, the so-called So-called so-called “Korea-style Construction Corporation” was to perform the instant reconstruction project and completed the construction work around October 2010.

On October 19, 2010, the defendant obtained authorization of completion from the head of Gangdong-gu and publicly notified the transfer of the reconstruction project of this case on December 15, 2010.

E. The Plaintiff paid KRW 30,00,000,000 to the Defendant on March 19, 2009, and KRW 30,000,000 on August 4, 2009, and KRW 4,000,00 on July 16, 2010, respectively.

F. Meanwhile, in relation to the instant reconstruction project, E filed a lawsuit claiming ownership transfer registration with the Seoul East Eastern District Court No. 201Gahap20674 against the Defendant around 2011.