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(영문) 인천지방법원 2016.05.12 2016가합215
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) with a housing redevelopment and rearrangement project area of 64,750 square meters in Bupyeong-gu, Incheon Metropolitan City.

B. The head of Bupyeong-gu Incheon Metropolitan City issued a disposition to authorize the implementation of the management and disposal plan on December 20, 2007 against the defendant, and publicly notified the content of the approval of the management and disposal plan on December 12, 2008 on the same day.

C. Meanwhile, the Plaintiffs, as a person holding the pertinent land or building (hereinafter “each of the instant real estate”) as indicated in attached Table 2, within the execution zone of the instant project, filed an application for parcelling-out with the Defendant during the period of application for parcelling-out (from January 10, 2008 to March 29, 2008) as an association member, and delivered each of the instant real estate owned by the Defendant on January 1, 2009.

After that, the Plaintiffs became a person subject to settlement in cash because they did not conclude a sales contract within the period from February 8, 2012 to February 12, 2012 (from July 23, 2012 to July 25, 2012) determined by the Defendant.

The Defendant filed a ruling of expropriation with the Plaintiffs to not negotiate on the sale and purchase of each of the instant real estate, and received a ruling of expropriation from the Incheon Metropolitan City Regional Land Expropriation Committee on January 20, 2014.

(Date on March 16, 2014). On March 13, 2014, the Defendant deposited compensation for each of the instant real estate as stipulated in the said ruling of expropriation with the Plaintiffs as depositee.

E. As of the date of closing argument of the instant case, each of the instant real estate is occupied and used by the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 3-1 to 22, 24-56, Gap evidence 4, Eul evidence 1 to 46 (including branch numbers), and the purport of the whole pleadings

2. According to Supreme Court Decision 2008Da91364 Decided July 28, 2011, the Defendant is a person subject to cash settlement.

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