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(영문) 의정부지방법원 2016.08.25 2014가합55014
부당이득금
Text

1. Defendant B-type reconstruction rearrangement project housing association: 100,000,000 won to the Plaintiff (Counterclaim Defendant) and its related thereto on July 2, 2012.

Reasons

1. Presumed factual basis

(a)The twenty nine owners of AC, AD, AE ground B, including AB, have removed the previous old building, and, on November 19, 2002, have established the Defendant Housing Association (the number of the subsequent members was changed to thirty two) and obtained the authorization, and completed the registration of incorporation on July 31, 2003 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

On June 30, 2003, the Gu Government Mayor approved the housing construction project plan to be “the apartment of this case” with the Defendant’s housing association, AF stock company, site size: 1,945 square meters: 63 households per Dong (the name was changed from the underground first floor, the 15th floor, and the initial AG apartment to AH apartment; hereinafter “the apartment of this case”) and the project cost: 5,350,000,000 won.”

B. Article 3 (Scope of Rebuilding Execution), such as the conclusion of the instant contract, etc. (4) The Plaintiff shall implement the following matters at the Plaintiff’s expense after obtaining the consent to use the land provided by the Defendant’s housing association after obtaining the consent to use the land: (a) the approval of the project is removed; (b) the approval of construction design and supervision) and other necessary matters (i) the Defendant’s housing association is supplied with each household (exclusive use area of 63.38 square meters); (ii) the Defendant’s housing association is supplied with the charges of each member of the building association (exclusive use area of 63.38 square meters); and (iii) the Plaintiff’s housing association is 25 million won (25 million won x 32 billion won x 8 billion won). (iv) The Defendant’s housing association is not entitled to demand the Plaintiff to pay any profit from the loans arising from the sale of the remaining household after paying the remainder to the Defendant’s housing association. The Plaintiff’s contract amount of construction expenses under Article 5 (1) is the Plaintiff’s general housing association.

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