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(영문) 울산지방법원 2020.06.18 2019가합13052
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. The District Housing Association B (hereinafter referred to as the “instant association”) is a project executor who carries out a housing construction project to build an apartment with a scale of 336 households on the parcel outside D and four parcels outside Ulsan-gu, Ulsan-gu, Seoul (hereinafter referred to as the “instant project”); and the Plaintiff is an agent who has concluded an agency contract with the instant association on the instant project.

B. On July 2013, the instant cooperatives and E (hereinafter “E”) filed an application for a construction deliberation on the instant project with the head of Ulsan Metropolitan City North Korea (hereinafter “North Korea head”) on the scale of 310 households.

On July 19, 2013, the urban green belt, which is the department under the jurisdiction of the defendant building committee, has sought opinions on the application for the above building deliberation, and the urban green belt department has expressed its opinion as follows.

On July 23, 2013, the Defendant’s Building Committee deliberated on the above application, and passed a construction deliberation on the said application on the condition that F and G shall submit a written consultation prior to the approval of the housing construction plan after consultation with the H District Land Reorganization Association in order to ensure the completion of the construction of roads prior to the occupancy of multi-family housing by reflecting the above review opinions with the urban green areas.

Opinions on Opinions

1. D The project site is determined to be modified by the urban management plan as a unit of multi-unit housing in Ulsan Metropolitan City Public Notice I (SU. 206 September 20, 2006). 3. The current land readjustment project is in the state where infrastructure for the implementation of the housing construction project has not been secured. Therefore, measures should be taken to prevent civil petitions from being filed due to failure to secure infrastructure and access to the housing construction project;

b. 4. Where a land readjustment project of H district was not completed at the time of completion of multi-family housing, the completion of F, G, and J infrastructure to be used as a main access road to multi-family housing and pedestrian passage.

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