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(영문) 서울중앙지방법원 2016.10.13 2016가합523052
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of implementing a housing reconstruction project (hereinafter “instant project”) in the Guro-gu Seoul Metropolitan Government (hereinafter “instant rearrangement zone”), including each land listed in the attached list (hereinafter “each land of this case”), and is a housing reconstruction association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”); on May 1, 2008, the Plaintiff is a housing reconstruction association which completed the registration of establishment with the approval of establishment from the head of Gu on May 1

B. On October 20, 2010, in order to implement the instant project, the Plaintiff entered into a sales contract with the Defendant Guro-gu Seoul Metropolitan Government (hereinafter “Defendant Guro-gu”) to purchase the land listed in paragraph (3) of the attached Table 3 (hereinafter “the land indicated in paragraph (4) of the attached Table 88,320,000 in the purchase price, and the land listed in paragraph (4) of the attached Table 89-2 of the attached Table (hereinafter “the land indicated in the attached Table 89-2”), with the purchase price of KRW 419,250,00 in the purchase price, and the land listed in paragraph (5) of the attached Table 5 of the attached Table (hereinafter “the land indicated in the attached Table 90-1”), respectively, with the purchase price of KRW 282,840,800 in the purchase price. On December 17, 2010, the Plaintiff completed the registration of the ownership transfer under the Plaintiff’

C. On October 14, 2011, the Plaintiff entered into a sales contract with Defendant Seoul Special Metropolitan City to purchase each of the land listed in paragraph (1) of the attached Table No. 1 (hereinafter “Land No. 88-9” in the attached Table No. 939,370,000, and the land listed in paragraph (2) of the attached Table No. 2 of the attached Table No. 92-95 (hereinafter “No. 92-95”) with the purchase price at KRW 1,207,820,000, and completed the registration of ownership transfer of the Plaintiff’s name after full payment of the purchase price on October 25, 201.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 5, 11, and 12 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Each land of this case asserted by the Plaintiff is the country or country whose use is abolished due to the execution of the project of this case.

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