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(영문) 서울중앙지방법원 2017.05.12 2016가합539378
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 defendant is the Housing Redevelopment Project Association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "Do Government Act"), which designates the Mapo-gu Seoul Mapo District B as a project implementation district.

On August 24, 2007, the competent authority issued a disposition to authorize the project implementation in addition to the condition that the state-owned and public land in the zone where the Defendant’s redevelopment project (hereinafter “instant project”) is not transferred without compensation shall be purchased before the commencement report and submitted at the commencement report.

B. The Plaintiff entered into a sales contract with the occupant of the pertinent land and the following persons who are the Defendant’s members (hereinafter referred to as “non-party members”) with respect to the Seoul Mapo-gu Seoul Metropolitan Government 116.7 square meters (hereinafter referred to as “1 land”), D large 34.6 square meters (hereinafter referred to as “2 land”), E large 8.5 square meters (hereinafter referred to as “third land”), F large 21.6 square meters (hereinafter referred to as “No. 4”), G large 37.7 square meters (hereinafter referred to as “No. 5”), H large 6.8 square meters (hereinafter referred to as “non-party 6 land”), I large 2.7 square meters (hereinafter referred to as “No. 7”), and I large 2.7 square meters (hereinafter referred to as “the instant land”).

Land of J 441,710,00 won in the purchase price of the cooperative members of the 1st day of November 16, 2007, J 230,961,00 won in the second land of J 130,961,00 on November 16, 207, and 39,900 won in the fourth land of L 39,312,500,000 on November 19, 207, the land of which was KRW 5174,362,50 in the 6th day of November 30, 207, which was KRW 31,586,00 in the 7th day of November 16, 2007.

C. On March 26, 2015, the Defendant issued a public announcement of the transfer under Article 54 of the Do Government Act (hereinafter “public announcement of the transfer of this case”) regarding the instant project, and accordingly, the instant land was incorporated into the site of the new building that the Defendant newly built.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading

2. Judgment as to the plaintiff's primary claim

A. The plaintiff's assertion.

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