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(영문) 서울고등법원 2017.03.17 2016나2066682
부당이득금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On June 28, 2014, the Plaintiff is a non-corporate body established with the owner, etc. of land and buildings within the instant project zone as its members for the purpose of implementing the housing reconstruction project (hereinafter “instant reconstruction project”) within 3,328.8 square meters on the ground of 9 parcels, including Mayang-gu, Ansan-gu, Ansan-si, and Mayang-si (hereinafter “instant project zone”).

B. At the time of the Plaintiff’s establishment, the Plaintiff’s members were 34 I apartments, JJJra six persons, and Ha, etc., an owner of 188.4 square meters in Ansan-gu, Anyang-si.

[At the beginning of the party, the owner of the Hegra tried to participate in the instant reconstruction project, but it seems that he did not participate in the reconstruction project. On the other hand, H did not reach an agreement in the process of negotiations, such as the purchase of specific land after concluding the following construction contract, and withdrawn from the Plaintiff Union.

C. On September 17, 2014, the Plaintiff entered into the instant construction contract with the Defendant for the instant reconstruction project (hereinafter “instant construction contract”). The main contents are as follows.

A Housing Reconstruction Project Contract

1. Name of the project: A housing reconstruction project;

2. Location of the business: Ten parcels in total in Ansan-gu, Man, N, K,O, P, Q, R, S, and T.

3. Area of business: 3,328.80 square meters;

4. Details of the project: Construction of new construction facilities approved by the head of the competent local government;

5. The method of business: The method of final equity holdings.

9. Payment of construction cost: The remaining project cost excluding relocation expenses, land and share purchase expenses at the time of lending the project cost, and the intermediate payment shall be paid to the defendant pursuant to Articles 7 and 22 of the terms and conditions of the construction contract and special agreements

Article 3 (Principle of Status and Business between Parties) (1) The plaintiff and the defendant shall be joint project undertakers in accordance with relevant Acts and subordinate statutes, such as this contract, construction contract terms, Housing Construction Promotion Act and Building Act, and shall have them perform the contract in accordance with the principle of mutual trust and good faith so that the project is

Article 4 (Method of Implementing Projects)

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