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(영문) 서울중앙지방법원 2015.05.28 2014가단43067
부당이득금
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 201, the Minister of Construction and Transportation has designated the area to be designated as a planned housing site development area and the area to be supplied as a planned housing site development area in Sungnam-si, Sungnam-si, Sungnam-si and the area to be supplied as a planned housing site development area (hereinafter “instant project”). Around that time, the Minister has designated the area as a planned housing site development area and then has designated the area to be supplied with the area to be supplied with the area (hereinafter “instant project”).

A) Around October 2003, Sungnam-si, etc. approved and publicly announced a plan, and designated Gyeonggi-do, Korea Land Corporation, Korea National Housing Corporation, and Sungnam-si as a project implementer for each of the instant projects. (2) Around October 2003, Sungnam-si, etc. notified the following: (a) the instant project’s “project status and guidance for compensation”; (b) the compensation procedure; (c) the compensation type and method; (d) the method of determining relocation measures

3) On August 10, 2007, Sungnam-si made a public announcement of the supply of a site for countermeasures against living in this case, only a cooperative consisting of persons selected as persons eligible for the supply of a site for countermeasures against living in this case. According to the revision of the Housing Site Development Promotion Act, the purchaser’s name can be changed only once in the name of the cooperative. The purchaser’s ownership can be changed only once in the name of the cooperative, and the supply of a site for countermeasures against living in Sungnam-si, which includes the fact that the change of ownership of an individual member is not allowed. 4) At the time of the said public announcement, the Defendant was a person who operated a store in the above business district and was

(However, the point at which the status is specifically determined seems to be March 10, 2008.

(1) On February 1, 2008, the Plaintiff and the Defendant purchased at KRW 93 million shares in the land for livelihood countermeasures to be supplied to the Defendant by the Defendant on February 1, 2008 (hereinafter “instant sales contract”) with the content that the Plaintiff purchases at KRW 83 million in the land for livelihood countermeasures to be supplied by the Defendant (hereinafter “instant sales contract”).

(2) According to the sales contract of this case, the Defendant shall grant the Plaintiff the transfer of ownership, the documents joining partnership, etc. when receiving any balance.

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