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(영문) 서울중앙지방법원 2017.06.13 2016가단98931
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is a partnership established to implement a housing redevelopment project in Jung-gu Seoul Metropolitan Government, and the Plaintiff is a partner of the Defendant, who owns the land and buildings below the above housing redevelopment project zone.

(2) A building with a large scale of 79 square meters (hereinafter “instant land”) in Jung-gu Seoul Special Metropolitan City (hereinafter “instant redevelopment project”): D buildings in Jung-gu Seoul Special Metropolitan City (hereinafter “instant building”):

(b) The current status of the building of this case recorded in the general building ledger shall be as follows:

(A) A total floor area is 178.82m2). A reinforced concrete housing of 39.34m2m2 with one-story reinforced concrete living facilities of 60.8m2,000m2,000,000,000 square meters for a 39.34m2.

C. The Defendant calculated the price of the previous land or structure subject to parcelling-out as of the date of public announcement of project implementation authorization, and established a management and disposal plan on the basis thereof, and authorized on June 17, 2008.

According to the management and disposition plan, the appraised value of the instant land is KRW 279,697,50, and the appraised value of the instant building is KRW 95,012,50,000, which is calculated based on the current status of land cadastre and general building register.

The instant building was demolished on May 11, 2009.

E. Meanwhile, according to the aerial photography taken up the instant land-based building around 1987, the area from the first floor to the third floor of the instant land-based building is 69.3 square meters, respectively, and there was a separate rooftop of 6.4 square meters on that point.

F. The photograph taken around 2007 shows a rooftop on the third floor of the instant building.

G. On October 28, 2011, construction under the instant redevelopment project was completed, and on July 25, 2012, the notice was given to the purchaser of the ownership transfer, and the Defendant became a liquidating partnership on June 28, 2013 through the general meeting of dissolution.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 7 (including virtual number), Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion.

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