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(영문) 부산지방법원 2013.11.01 2009가합25077
매매대금반환
Text

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 was established to implement a housing reconstruction improvement project in the area of 198,035 square meters located in the area of 1525 square meters in Busan Metropolitan City, Daegu Metropolitan City, and was approved by the head of the Busan Metropolitan Government Maritime Government on June 25, 2003.

B. On November 5, 2007, the Plaintiff obtained authorization for implementation of a housing reconstruction project on the 5th basement and 53th floor above the ground. At the time, the part of the detailed statement of authorization was included in the column of infrastructure for housing reconstruction improvement, including 32,198.3 square meters above the road, and the conditions of authorization were included in the national and public property, excluding the part preserved as a road, among 33,45.2 square meters above the 1539-dong 1539-dong, Busan, Daegu, Daegu, 1539-7, 32,143.5 square meters, 1523-4, 39.3 square meters above the same, 1524-4, 15.5 square meters above the 1524-4,198.3 square meters

C. On the other hand, the Plaintiff filed an application with the Maritime Transport Authority for the authorization to partially change the contents of the instant housing reconstruction project into the 7th underground and 53th above ground. The Maritime Transport Authority filed an application for the authorization to revise the project implementation on July 20, 2009 (hereinafter “instant authorization”). The 32,198 square meters are included in the column of the facility for the abolition of the approval.

However, the head of the shipping fleet changed the original conditions of authorization to the same content as “the conditions for the authorization of change” (hereinafter “the conditions for the authorization of change of this case”). The land to be purchased by the Plaintiff according to the changed conditions is the part preserved as a road among 33,455.2 square meters in Busan Metropolitan City, Busan Metropolitan City, which is owned by Busan Metropolitan City, 14,616 square meters, 1523-4, 39.3 square meters in the same area, 1524-4, 1524-4, 15.5 square meters in total, 14,670.8 square meters in the same area (hereinafter “the land subject to sale of this case”).

E. The Plaintiff purchased a total of 14,670.8 square meters of the land to be sold from Busan Metropolitan City on September 22, 2009 at KRW 22,202,730,000.

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