logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.06.21 2015가단5359924
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The relationship 1) The Plaintiff is the Plaintiff’s housing redevelopment rearrangement project (hereinafter “instant rearrangement project”) in Seongdong-gu Seoul Metropolitan Government 12-37 Haak-dong, Seongdong-gu.

The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”) established to implement the Act and approved by the head of Seongdong-gu on May 18, 2006.

(2) The defendant is a company specializing in the rearrangement project, housing association service agency, etc.

B. Around October 2005, the Plaintiff entered into a housing redevelopment project management service contract with the Defendant Company with an amount calculated by multiplying the total floor area of planned construction by contract unit price of KRW 20,000/p. (value-added tax separate). However, at the time of authorization for the implementation of the project by the head of Seongdong-gu, the Plaintiff entered into the housing redevelopment project management service contract with an intention to adjust on the basis of the total floor area determined by the head of Seongdong-gu

(2) Under the instant service contract, the Defendant decided to deliver to the Plaintiff a written authorization for establishment of the association, a written authorization for project implementation, a written authorization for management and disposal plan, and each accompanying document, and the Plaintiff should pay the amount required for the establishment and modification of the project implementation due to the modification of the redevelopment project area and the project plan, and for modification of the management and disposal plan, if any, to the Defendant separately

(Article 3(2)) was set forth.

3) The Plaintiff was authorized to implement the project on June 29, 2006, and obtained approval of the management and disposal plan on July 22, 2008. C. The Plaintiff entered into an additional service contract with the Defendant around November 2009, with a service charge of 291,609,000, and received a proposal for amendment of the management and disposal plan from the Defendant.

On May 4, 2010 and October 20, 201, the Plaintiff obtained an amendment to the management and disposal plan from the head of Seongdong-gu Office.

2 The plaintiff on March 3, 2014 at the board of directors No. 166, and the agenda items No. 3.

arrow