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(영문) 대구지방법원 2016.08.23 2016구합20656
부당이득금환수처분취소
Text

1. All plaintiffs' lawsuits are dismissed.

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

Reasons

1. Details of the disposition;

A. The educational foundation C (hereinafter referred to as the “C”) of the parties is an educational foundation that operates E High School in Daegu-gun-gun (hereinafter referred to as the “instant school”), and the Plaintiff A, as the former president of C, has overall control over the instant school (hereinafter referred to as the “instant school relocation project”), and the Plaintiff B (hereinafter referred to as the “Plaintiff”) is a company that operated the instant school relocation project while running the housing construction project.

B. On March 201, 201, C entered into an implementation agreement with the Plaintiff Company on the instant school relocation project. According to the implementation agreement, the Plaintiff Company acquired ownership of the site for school relocation, takes charge of all the affairs related to the project for school relocation, such as design and construction of new buildings, and C pays the service cost to the Plaintiff Company within the budget for the school relocation project approved by the Defendant, and settle the final project cost at the time of completion of the project. (2) On June 201, 2011, the Defendant changed notification of conformity on the condition of securing access roads to the instant school, and C made the Plaintiff Company take charge of resolving civil petitions arising from the authorization and permission, purchase of land, and transfer of the school through an additional agreement with the Plaintiff Company.

3) On August 3, 2011, C included the Defendant’s total project cost of KRW 30,100,000 (including the cost of opening access roads to the previous site, the cost of opening access roads to the previous site, the interest on the loan of site purchase, the tax and public charges due to the purchase of the site, and the cost of opening access roads, such as

7.50 million won (including KRW 7.5 billion) filed an application for approval for the instant school relocation project. Accordingly, on September 14, 201, the Plaintiff Company succeeded to the purchaser status of the existing school relocation site (Seoul Northern-gu G and H each land, and I also succeeds to the purchaser status of the existing land, and KRW 1.25 billion.5 billion.

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