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(영문) 서울서부지방법원 2016.10.06 2015가합37740
부당이득금
Text

1. The Plaintiff:

A. Defendant B’s KRW 15,056,558 and interest rate of KRW 15% per annum from November 24, 2015 to the date of full payment.

Reasons

1. Basic facts

A. 1) The Plaintiff is established to implement a housing redevelopment project in which the Seoul Seodaemun-gu Seoul Metropolitan Government E (283,260.7m2 is a project implementation district, and the Plaintiff is the head of Seodaemun-gu Seoul Metropolitan Government (hereinafter referred to as the “head of the Gu”).

(2) The Plaintiff received the application for parcelling-out from the members from September 4, 2007 to October 6 of the same year after obtaining authorization for the implementation of the project on September 4, 2007 (the Seodaemun-gu Seoul Special Metropolitan City Public NoticeF), and from September 6, 2007 to October 2 of the same year.

B. The Defendants, who owned real estate in the project implementation district above, filed an application for parcelling-out with the Plaintiff during the period of application for parcelling-out.

C. 1) The Plaintiff as part of measures for resettlement of the members who filed an application for parcelling-out, and around March 14, 2008, the Plaintiff is a new bank (hereinafter referred to as “new bank”) for its members.

(2) Regarding the receipt of moving expenses from the Plaintiff during the period of the above moving expenses loan, the Defendants publicly announced the notice on the subject of the moving expenses, stating that the land owner and building owner among the members of the group subject to the parcelling-out, the limit of the basic moving expenses shall be KRW 500 million within 50% of the appraised amount, the loan repayment period for the basic moving expenses shall be until the association members scheduled to move, the loan interest rate for the basic moving expenses shall be paid from the Plaintiff association, and the additional moving expenses (interest) loan interest shall be paid from the Plaintiff association, and the additional moving expenses shall be consulted with the relevant bank. (2) The Defendants received KRW 120,00,000 from the new bank after applying for the moving expenses loan to the Plaintiff within the period of the above moving expenses loan, and Defendant C received KRW 261,90,000,000 from the new bank around April 14, 2008, and Defendant D received the loan KRW 80,500,000 around June 11, 200.

In order to promote moving expenses loans to union members in relation to the Seodaemun-gu Seoul Metropolitan Government A Housing Redevelopment Improvement Project (hereinafter referred to as the "A Project"), this Convention shall be amended by the plaintiff (hereinafter referred to as the "A") and the "CS Construction (State)" as the "City Corporation.

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