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(영문) 서울중앙지방법원 2016.03.24 2015가합521202
부당이득금
Text

1. The Defendant’s KRW 328,747,00 for the Plaintiff and KRW 20% per annum from June 11, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. The Plaintiff’s promotion of the improvement project and payment of school site charges 1) The Plaintiff shall be the Seoul Mapo-gu Seoul Metropolitan Government Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

(2) In order to promote a housing redevelopment improvement project pursuant to the foregoing, the Plaintiff newly built a multi-family housing of 378 units in lots among its members, general allotment units, reserved land, 71 units in lots, 5 units in lots, rental housing units, and 93 units in lots (hereinafter “multi-family housing”) on October 1, 2008, with the approval of the establishment of the association on September 29, 2008 and the approval of the management and disposal plan was obtained around October 201, and the construction of the building was commenced around October 2012. The conditions for the approval of the project plan include “the conditions for payment of school site charges to be borne legally.” 2) The existing number of households residing in the said rearrangement project area were 473 units. The Plaintiff newly built a multi-family housing of 547 units in total (hereinafter “multi-family housing of this case”).

3) The former Act on Special Cases Concerning the Securing, etc. of School Sites (amended by Act No. 13006, Jan. 20, 2015; hereinafter “former School Sites Act”).

Of the instant provisions, the proviso of Article 5(1)5 related to the instant case (hereinafter “instant provision”).

Article 5 (Imposition and Collection of Charges) (1) The Mayor/Do Governor may develop the land for constructing a detached house in the development project area and impose and collect charges on and from the persons who sell the multi-family housing: Provided, That this shall not apply to any of the following development projects:

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