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(영문) 수원지방법원 성남지원 2018.07.10 2018가합400017
부당이득금반환 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The status of the parties 1) B apartment house reconstruction and consolidation project association (hereinafter referred to as the “B association of this case”).

The purpose of implementing a housing reconstruction project by making members of Sungnam-si C as a project implementation district, and was established on June 30, 2003. The Plaintiffs were members of the above B Association. The Plaintiffs were the co-owners of the A apartment located in Sungnam-si D, Sungnam-si, constituted the A Apartment Reconstruction Association Promotion Committee (hereinafter “instant A Association Promotion Committee”) for the purpose of promoting the same apartment reconstruction project, and obtained authorization from the Sungnam-si market on December 24, 2003.

B. On July 23, 201, which was not designated as a rearrangement zone due to the problem of securing school sites after obtaining authorization for the establishment of the committee for promotion of reconstruction by the combination development method between B and the committee for promotion of the instant A association, the committee for promotion of the instant A association proposed to consolidate the reconstruction project promoted by the B association with the committee for promotion of the instant A association, and that the B association and the committee for promotion of the instant A association were conducting negotiations for combined development.

C. The purpose of this Agreement is to promote and complete the combined development project of A apartment and B apartment house reconstruction rearrangement project under Article 1 (1) of the Agreement between B and the Committee for Promotion of the instant A Association.

Article 3 (Terms and Conditions of Agreement) (1) The site for the extension of an elementary school outside the project area shall be prepared instead of the site A, which is proposed as a plan for the accommodation of elementary school students, and apartment buildings for the sale of the plaintiff, members of the association and the general public shall be constructed on the site corresponding

② For the smooth promotion of the Plaintiff’s project, Sungnam-si agrees to utilize the B site and distribute profits from building sale, which is additionally permitted to the Plaintiff, to the Plaintiff.

③ As referred to in paragraph (2) above, the Plaintiff’s member is a site A.

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