(영문) 부산지방법원 2009.08.14 2008가합8792

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(영문) 부산지방법원 2009.08.14 2008가합8792

부당이득금반환 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In order to establish a reconstruction association and select the contractor of the reconstruction project of this case (1) to remove the existing apartment and commercial buildings and to promote the new construction project of new apartment in the site, the occupants of the above-mentioned land B and 47 lots of land (hereinafter “the project of this case”).

(2) On December 17, 199, the Defendant, a construction company, attended the site descriptions of the instant project held by the said rebuilding promotion committee, and submitted the project proposal to the rebuilding promotion committee on February 26, 200 in order to select the project site as the project site works of the instant case (the specific contents of the project proposal are examined in the following Section C), and thereafter, the rebuilding promotion committee held a general meeting of association members to select the project site works on March 12, 200 and selected the Defendant as the project site.

B. On August 28, 2001, the Plaintiff entered into a reconstruction project agreement with the Defendant to remove C apartment units owned by the Plaintiff’s members and to construct D apartment units with the size of 2 underground floors, 16-27 apartment units on the ground (hereinafter “instant apartment units”) and its ancillary facilities (hereinafter “instant construction contract”). The details of the instant construction contract are as follows.

- The content of the instant construction contract - The location and size of the business and the size of the business and the size of 5,025.23 square meters (181,901.6 square meters) on 47 parcel (181,901.6 square meters) - The subject of the project implementation, the Plaintiff and the Defendant, as joint project undertakers (Article 3(1)), represent the entire association members, and the Plaintiff’s act performed under the terms and conditions of the contract are deemed to have

At the same time, a member of the plaintiff cannot directly request the defendant to exercise his/her rights, and may only request the plaintiff to exercise his/her rights.

(Article III(2). - The scope of the Corporation shall be the existing building on the land provided by the Plaintiff.

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