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(영문) 서울중앙지방법원 2017.09.19 2017가단5025454
부당이득금
Text

1. The Defendant’s KRW 83,884,931 as well as the Plaintiff’s annual rate from February 28, 2017 to September 19, 2017.

Reasons

1. Facts of recognition;

A. The housing reconstruction and improvement project (hereinafter “instant association”) was established for the housing reconstruction and improvement project (hereinafter “instant housing reconstruction and improvement project”) with the implementation area of 20,678.70m2 in Dongjak-gu Seoul Metropolitan Government, and the Plaintiff became a member of the instant association around October 21, 2002 after completing the registration of ownership transfer of D large 175m2 and its ground buildings within the said implementation area.

B. On October 25, 2001, the instant association concluded a provisional agreement with the Defendant for the operation of the instant business, and at the time determined the moving expenses lent by the Defendant to the association members as follows.

[The Dongjak-gu E Apartment Joint Project Agreement] Article 14 (Relocation Expenses, Lease, Repayment, etc.) (1) The defendant or the financial institution designated by the defendant from the date of approval of the project shall lend 65,00,000 won interest-free relocation expenses and outstanding interest and loan to cancel the right of collateral security by the bank, etc. after confirming the transfer of the registration right, establishment contract, power of attorney, resident registration certificate, etc. of the union of this case, which the union of this case received from the union members of the union of this case.

Provided, That moving expenses and interest loans shall not exceed 80% of the appraised value of the secured property of the member.

(2) The interest loan under paragraph (1) shall be repaid by applying the general loan interest rate in the Housing Bank until the date of repayment, and the outstanding loan in order to cancel the right to collateral security of a bank, etc. shall be limited to the loan set up before the

interest shall be paid each month by the association or association members of this case.

C. On October 18, 2002, the contractor of the above reconstruction project lent KRW 70,000,000 to the Plaintiff without interest as moving expenses, and on December 4, 2002, lent KRW 100,000,000 to the moving expenses on December 4, 2002, the Defendant completed the sale in general with the approval of the project in this case.

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