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(영문) 부산지방법원 2015.05.27 2014가합53236

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. Basic facts

A. The Plaintiff is an association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in order to implement a housing redevelopment improvement project (hereinafter “instant project”) within 18,084 square meters per day (18,084 square meters per day (55 square meters per day) in Seo-gu Busan Metropolitan City (hereinafter “instant rearrangement zone”). The Plaintiff obtained authorization to establish an association from the head of the Busan Metropolitan City Seo-gu Busan Metropolitan Government on July 4, 2006, and obtained authorization to implement the project on July 12, 2007.

B. On October 17, 201, the Plaintiff: (a) purchased 70 parcels of land and public land included in the instant rearrangement zone from the Defendants and paid the purchase price; and (b) completed the registration of ownership transfer in the name of the Plaintiff as to each of the said parcels of land; (c) on October 17, 201, the maintenance period facility protocol prepared by Defendant Seo-gu Busan Metropolitan Government, which is disused, includes each land indicated in the “location of the right” column in the attached Table among the said land (hereinafter “each of the instant land”).

(See) On October 17, 2011, the Plaintiff entered into a sales contract with the Defendant and the Republic of Korea on a total of KRW 657,030,00,00, including the land listed in paragraph (6) of the attached Table. (2) On October 18, 2011, the Plaintiff entered into a sales contract with the Defendant and the Republic of Korea to purchase the land of KRW 23,00,00,00, including each land listed in paragraphs 1 through 5, 7, and 10 of the attached Table.

3. On October 18, 201, the Plaintiff entered into a contract with the Seo-gu Busan Metropolitan Government on the purchase of total 17 parcels of land at KRW 218,504,90, including each parcel of land listed in attached Table 11 through 17.

C. While implementing the instant project, the Plaintiff created roads and public vacant lots on some land within the instant rearrangement zone, which are infrastructure for rearrangement, and newly constructed roads.