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(영문) 서울중앙지방법원 2017.06.23 2016가합509742
부당이득반환 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

The relevant Plaintiff is a trustee who entered into a management-type land trust contract with respect to the construction and sale of apartment units on April 29, 2014, the truster and beneficiary-based, Sungwon L&C Co., Ltd. (hereinafter only referred to as Sungwon L&C), and on the 619 units above the 33-1 and 51 units above the 51 unit in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu. (hereinafter referred to as the “instant project”).

Pursuant to the following, Sungwon L&C was divided into the land listed in paragraphs 1 and 2 of the attached Table 1 of the attached Table of each land indicated in the attached Table of the said project site, which is part of the said project site, into the land of 28-3 large scale 192 square meters in Seo-dong, Seocheon-gu, Seocheon-dong, Seocheon-dong, and the land listed in Articles 4 and 6 of the attached Table 4 was divided into the land of 79 square meters in 40-21, 000 square meters prior to the division, and the land listed in paragraphs 5, 7, and 8 of the attached Table was divided into the land of 40-22

(hereinafter “each land of this case”) was in charge of the purchase of each land from the Defendant.

The approval of the instant project was applied for the approval of the instant project on June 14, 2013.

In the above project site, the military land owned by the Defendant (Jurisdiction: the Military Manpower Headquarters) was included, and the Military Manpower Headquarters of Y in Y was divided into 40-6 square meters and 1280 square meters prior to the division after the completion of the soil environment restoration project, and 40-21 square meters prior to the division.

The answer was made to the effect that the sale may be made on the condition that the remaining land is included.

On October 31, 2013, 2013 approved the instant project plan of Sungwon C&C, and notified the approval of the project plan as to the same day under the National Assembly notification No. 2013-231, the above notification included the response of the personnel headquarters of the Army.

On November 4, 2013, Sungwon L&C requested sale of each of the instant land incorporated into the instant project site at the personnel headquarters of the Army, etc.

2.3.

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