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(영문) 서울동부지방법원 2017.05.25 2016가합1227
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The Plaintiff is a company engaged in the urban improvement specialized management business, etc., and the Defendant Union is an urban environment improvement project association whose project area (hereinafter referred to as “instant project zone”) is 38,280 square meters in Gangdong-gu Seoul Metropolitan Government.

The owners of land and buildings within the project area of this case were approved as an association establishment promotion committee (hereinafter “instant promotion committee”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Areas and Dwelling Conditions for Residents”) on July 26, 2006 with the consent of 90 out of 176 owners of land, etc., for the purpose of implementing the urban environment rearrangement project.

Since then, on September 21, 2012, the promotion committee of this case obtained authorization from the Gangdong-gu Office for the establishment of the "E Urban Environment Improvement Association (Defendant Association)", and completed the registration of incorporation on September 25, 2012.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 and 3 (including the number of branch numbers; hereinafter the same shall apply), the assertion of the purport of the whole pleadings, and the plaintiff's assertion that the land owners in the project area of this case constituted the provisional name promotion committee of this case around April 2004, when the plaintiff is approved as the regular promotion committee under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for the plaintiff, the plaintiff was selected as the specialized management company of the rearrangement project, and the plaintiff agreed to enter into the service contract and pay appropriate service charges for the costs incurred by the plaintiff up to the time.

The plaintiff believed the above promise from April 2004 to receive consent from the owners of the land for the promotion committee of the name of this case from April 2004. The plaintiff performed services such as collecting consent from the owners of the land for the promotion committee of the name of this case. The expenses related to the office of the promotion committee of the name of this case, event expenses, and various expenses were disbursed. The expenditure amount reaches KRW 210,946,840

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