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(영문) 서울서부지방법원 2015.12.24 2015가합1277
부당이득금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

The plaintiff is a housing reconstruction and improvement project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Project") to implement a housing reconstruction improvement project (hereinafter referred to as the "instant reconstruction project") in the housing rearrangement project (hereinafter referred to as the "urban Improvement Project") in 98,176 m2, such as Dong-gu, Dong-gu, Seoul Metropolitan City

Defendant B owned 1/2 shares of 586.2 square meters in the Dong-gu, Dong-gu, Dong-dong, Dong-gu, and 586.2 square meters in the instant rearrangement zone, and Defendant C owned 169.3 square meters in Yandong-gu, Dong-gu, Dong-gu, Dong-gu, Seoul, and G large 170.6 square meters and above ground buildings (hereinafter “instant real estate”) in the instant rearrangement zone.

On December 26, 2013, the Plaintiff filed a lawsuit against the Defendants, etc. on December 26, 2013, seeking the registration of ownership transfer of each of the instant real estate in the Daejeon District Court Support, and exercised the right to sell each of the instant real estate in accordance with Article 39 of the Urban Improvement Act and Article 48 of the Act on Ownership and Management of Condominium Buildings (hereinafter “the Aggregate Buildings Act”).

On November 7, 2014, the above court dismissed the Plaintiff’s claim against the Defendants on the ground that the exercise of the right to demand sale was unlawful, since it did not undergo the highest procedure as stipulated in Article 48(1) of the Aggregate Buildings Act before filing a claim for sale of each of the instant real estate.

(2013Gahap5414). The Plaintiff appealed to the Daejeon High Court on the above judgment.

(2) On January 28, 2015, the Plaintiff purchased the first real estate from Defendant B in the amount of KRW 690 million and completed the registration of ownership transfer as to the first real estate on the following day.

On January 29, 2015, the Plaintiff purchased the second real estate from Defendant C with KRW 1 billion.

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