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(영문) 서울남부지방법원 2020.10.23 2019가합104175
부당이득금
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Defendant is a project implementer of the “D Urban Development Project” (hereinafter “instant urban development project”) whose area covers 155,384,000 square meters of Seoul Won-si, Chungcheongnam-si.

B. On January 29, 2016, the Defendant announced the supply of support facilities site (hereinafter “instant support facilities site”) within the instant urban development project zone, and the Plaintiff responded to this and became a successful bidder.

On March 7, 2016, the Plaintiff and the Defendant concluded a sales contract for the instant site for support facilities, and its main contents are as follows.

The location and lot number of land to be indicated: The floor area ratio of the site for support facilities C: 50%, and building-to-land ratio: 34,777 square meters: Sales price: 104,678,80,000 won: 10,467,880,000 won, and the remainder of payment on March 7, 2016: 94,210,920,000 won, and Article 4 [area settlement] of payment on April 28, 2017. (1) The Plaintiff is aware that the area of land is a unit area before completion of an urban development project, and the alteration of the type and size of the lot may be increased or decreased according to the result of the confirmation of the completion of the urban development project after completion of the urban development project.

Provided, That the plaintiff and the defendant shall settle the increase or decrease of the area with the supply unit price at the time of conclusion of this sales contract pursuant to paragraph (2) below.

Article 10 [Other] (1) Before this contract is concluded, the Plaintiff perused and confirmed all the notice notice, tender application note, the details of approval of the development plan and implementation plan, district unit planning, and restrictions on the relevant laws and regulations concerning land use, and the responsibility for which the Plaintiff did not confirm is the Plaintiff.

③ Before the conclusion of this sales contract, the Plaintiff shall include the contents of the development plan and implementation plan, development plan and approval conditions, all relevant laws and regulations (including the contents of modification), construction regulations, details of impact assessment (including the contents of modification, traffic, disaster, etc.), energy use plans, and energy use plans.

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