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(영문) 서울중앙지방법원 2017.02.14 2015가합8235
부당이득금반환
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Basic Facts

A status D reconstruction association of the parties (hereinafter referred to as “ reconstruction association”) is a reconstruction association established for the purpose of implementing a housing reconstruction project (hereinafter referred to as “instant reconstruction project”) from approximately 15,000 square meters of Seongbuk-gu Seoul E and approximately 354 lots of land (hereinafter referred to as “instant project site”).

Plaintiff

On June 191, 191, A Co., Ltd. (hereinafter “Plaintiff A”) entered into a contract for implementing the instant reconstruction project with a reconstruction association, and jointly promoted the instant reconstruction project by the middle half of 1997, and Plaintiff B was the representative director of Plaintiff A.

The Defendant C Regional Federation is an organization organized on June 1, 1992 by the F, G, H, and I Regional Housing Association composed of tenants and non-homeowners residing in the instant project site.

The plaintiff B entered into a sales contract between the reconstruction association and the defendant C regional federation, which made it difficult for the plaintiff B to raise the cost of the reconstruction project due to the lack of financial resources of the members of the reconstruction association, and made it difficult for them to raise the cost of the reconstruction project. In early 1991, the plaintiff B made it necessary to form the F, G, H, and I regional housing association, which had been residing in the project site of this case, to purchase part of the land within the project site of this case.

Accordingly, on October 2, 1992, the reconstruction association entered into a sales contract for approximately 7,500 pieces of land in Seongbuk-gu Seoul and about 187 pieces of land located in the project site of this case (hereinafter “instant land”).

On May 15, 1993, Defendant C Regional Federation applied to the head of Seongbuk-gu Seoul Metropolitan Government Office for the authorization of establishment of a regional housing association with the land of this case as a planned site for construction. However, on May 21, 1993, the relevant laws and regulations prohibit transfer of housing sites owned by a reconstruction association, and the land of this case is already located within the reconstruction project district of a reconstruction association that has already received approval of a housing construction project.

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