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(영문) 서울동부지방법원 2016.01.20 2013가합107285
부당이득금
Text

1. The Defendant’s KRW 682,605,00 for the Plaintiff and 5% per annum from December 2, 2013 to January 20, 2016, and the following.

Reasons

Basic Facts

In order to implement housing redevelopment improvement project (hereinafter “instant rearrangement project”) in Seongdong-gu Seoul Metropolitan Government 12-37 square meters and 69,324 square meters (hereinafter “instant rearrangement zone”), the Plaintiff was authorized to establish an association on May 18, 2006 as a housing redevelopment improvement project association established under the Urban and Residential Environment Improvement Act (hereinafter “Urban Improvement Act”).

According to the records of free transfer consultation and project implementation authorization prepared by Seongdong-gu Seoul Metropolitan Government, prior to the project implementation authorization for the Plaintiff, the Plaintiff requested a free transfer of the State-owned land of 9,830 square meters on June 2006, and the appraised value of 4,555 square meters of the fundamental infrastructure newly installed among the fundamental infrastructure after gratuitous transfer is indicated as KRW 19,297,428,750, and installation cost of 2,109 square meters of the newly installed basic infrastructure among the fundamental infrastructure after gratuitous transfer is KRW 534,908,606 (a total of KRW 19,832,336,00 if the appraised value of the land of the fundamental infrastructure is included in the assessed value of the fundamental infrastructure) and KRW 13,516,026,500.

The Plaintiff received project implementation authorization on June 29, 2006. The maintenance infrastructure that was abolished at the time of project implementation authorization is “current 9,830 square meters”, “road 2,160 square meters (al.e., change to 2,325 square meters)”, “Neighborhood Park 2,446 square meters (al., change to 2,517 square meters)” and “children’s park 1,782 square meters (after transition to 1,705 square meters)”.

On April 9, 2010, the Plaintiff entered into a sales contract with respect to the purchase price of KRW 682,605,000 for the land of Seongdong-gu, Seoul Metropolitan Government (hereinafter “instant land”), the State-owned and public land in the instant improvement zone (hereinafter “instant land”), and paid the purchase price on the same day.

According to the management and disposition plan and the revised management and disposition plan for the plaintiff on October 20, 201, the maintenance infrastructure newly installed is 2,325 square meters of roads, 2,517 square meters of street parks, and 1.00 square meters of street parks.

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