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(영문) 수원지방법원 성남지원 2017.04.26 2014가단225013
부당이득금
Text

1. The defendants are stated in the "application of unjust enrichment" list in attached Form 3 to the plaintiffs, respectively.

Reasons

1. Facts of recognition;

A. Defendant O apartment housing reconstruction and rearrangement project association (hereinafter “Defendant association”) was established on July 31, 2003 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in order to implement a project for the reconstruction of 41,139 square meters of land (hereinafter “instant rearrangement project”) consisting of 179, Jung-gu P, Seongbuk-gu, Sungnam-gu P, and 179 parcel as the project area.

The purpose of the instant improvement project is to construct apartment buildings (hereinafter “instant apartment buildings”) and commercial buildings (hereinafter “instant commercial buildings”) on the ground with the size of 35,475,475,42 square meters, excluding infrastructure for maintenance, such as roads and parks, and sites for exclusion, within the project zone, as one parcel.

B. On March 31, 2008, the Sungnam City approved and publicly notified the management and disposal plan of the Defendant Union, and the revised management and disposal plan (hereinafter “instant management and disposal plan”) on October 11, 2012 was amended and publicly notified.

The instant management and disposal plan divided the total site area of apartment and commercial buildings to be constructed according to the instant improvement project into 34,094,094.04 square meters and the total site area of commercial buildings into 1,426.38 square meters, and the share of the housing site by apartment unit is to be distributed in the way of apartment site area 】 (34,049.04 square meters and the total site area by apartment unit / the total site area by apartment unit / 86,311.59 square meters).

C. On July 7, 2014, the Defendant Cooperative publicly notified the transfer of ownership of the site and building completed as the instant improvement project; and on September 4, 2014, the registration of ownership preservation was completed for buyers. The instant apartment site became the land of Sungnam-gu Q 35,475.4 square meters (hereinafter “instant site”) following a disposition of replotting.

With respect to the apartment of this case, "the details of settlement by household" in the attached Table 1 "The Current Status of Site Rights Registration" column for "the registered share of the site by household" column for "the share of each household" was completed, and the site registration of this case was completed.

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