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(영문) 수원지방법원성남지원 2015.05.01 2013가단46978 (1)
부당이득금반환
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 October 2001, the Minister of Construction and Transportation, around the same time, designated a housing site development area of 9,376,000 square meters in Won-gu, Sungnam-si as a district subject to housing site development, and around that time, approved and publicly notified the plan for the housing site development project of Sungnam-si (hereinafter “instant project”). The Gyeonggi-do, Korea Land Corporation, Korea National Housing Corporation, and Sungnam-si as a project implementer.

B. At around October 2003, Sungnam-si, etc. announced the future compensation procedure, the method of determining types of compensation and compensation, the criteria for determining measures for relocation, and the determination of measures for living conditions, as the title of the “project status and guidance for compensation,” of the instant project, including the content that a cooperative or a resident organization can be supplied with a land for countermeasures for life.

C. On July 9, 2004, the original Defendant prepared a sales contract with the purport that the Plaintiff purchases shares in the land for daily countermeasures (hereinafter “instant land for daily countermeasures”) to be supplied to the Defendant from the Defendant for the implementation of the instant project (hereinafter “instant land for daily countermeasures”) in KRW 71,00,000, and paid the purchase price to the Defendant around that time.

On April 20, 2007, after the conclusion of the instant trade contract, the Housing Site Development Promotion Act was amended on April 20, 207, and the supplied person can not resell the relevant housing site without using it for the purpose of supply until the transfer of ownership is registered, and the relevant legal act becomes null and void in cases where a supplied person has reselled the housing site in violation of this provision (Article 19-2(1) and (2)).

E. On August 10, 2007, Sungnam-si can only become the buyer of the living countermeasure site in this case, and according to the revision of the Housing Site Development Promotion Act, the buyer’s name may be changed only once in the name of the association, and there is no change in the shares of individual association members.

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