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Reasons
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(영문) 울산지방법원 2017.04.06 2016가합22666
부당이득금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s status as the parties is the regional housing association established to implement the building project of the building of the apartment in Ulsan-gu, Ulsan-gu, as the project site. The Defendant is the owner of the building of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of

B. On September 23, 2015, the Plaintiff Union concluded a sales contract with the Defendant to purchase each real estate of KRW 3.2 billion (hereinafter “the first sales contract”), and paid the remainder KRW 300 million to the Defendant by October 30, 2015, respectively. On the same day, the Defendant paid the down payment KRW 300 million to the Defendant. (C) The Defendant sent the Defendant’s notice of the remainder payment to the Plaintiff Association on December 15, 2015, and sent the remainder payment to the Plaintiff Association by December 31, 2015, the Plaintiff Union reached the Plaintiff Union around that time, and the Plaintiff Union concluded the second sales contract with the Defendant on January 21, 2016, paid the remainder amount of KRW 300 million to the Defendant as KRW 4.5 billion (hereinafter “the second sales contract”).

E. As a result of the appraisal of the market value of real estate, the I Redevelopment Project Promotion Committee, which promoted the redevelopment project in the project site before the Plaintiff association, requested the financial institution to appraise the market value of the project site in order to obtain a loan from the financial institution. At the time, the market value of each real estate was assessed to the sum of KRW 36,38

【Ground for recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 26, 28, 29 (including each number), Eul's evidence No. 4, and the purport of the whole pleadings

2. The assertion and judgment

(a) argument;

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