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(영문) 서울고등법원 2016.09.30 2016나2008778
부당이득금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The defendant alleged the claim.

Reasons

1. Basic facts

A. The Plaintiffs’ implementation of housing redevelopment project 1) Plaintiff 1 and the Housing Redevelopment and Improvement Project Association (hereinafter “Plaintiff 1 Union”)

A) The sum of the area of land, including the land of 160 square meters in Mapo-gu Seoul Metropolitan Government (hereinafter referred to as “water control zone 1”) shall be 2,92 square meters in total.

(B) remove 127 existing buildings in multi-family housing (multi-family housing) 6-dong 429 households (sale 356 households, lease 73 households, hereinafter referred to as “multi-family housing”).

(1) A new housing redevelopment project (hereinafter referred to as “the first redevelopment project”)

)In order to enforce the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”) with 217 members who are the owners of the land or building in the upstream Zone 1.

(2) The head of Mapo-gu Seoul Metropolitan Government (hereinafter referred to as the "head of Mapo-gu") around January 2009 as an association established pursuant to the Act.

(A) The project implementation authorization under Article 28 of the Act on the Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Plaintiffs’ Association 2”) was granted (Evidence 1, 2, and 4-1 of the Evidence No. 15-2). Plaintiff Park Sang-gun and Housing Redevelopment Development Project Association for Residents (hereinafter “Plaintiffs’ Association

A) The sum of 27,560 square meters in total, including the land area of 205 square meters in Mapo-gu Seoul Metropolitan Government (hereinafter referred to as “water control zone 2”).

(B) remove 128 existing buildings in multi-family housing (multi-family housing) 8 and 482 households (sale 398 households, lease 84 households, hereinafter referred to as “multi-family housing”)

(2) A new housing redevelopment project (hereinafter referred to as “second redevelopment project”)

In order to implement the plan, on December 31, 2008, the association established under the Urban Improvement Act with 294 owners of the land or buildings in the upper and upper zone 2 zone as its members and with the approval of the project implementation from the head of Mapo-gu (No. 15-3, No. 4-2, 2). (A) Plaintiff 1 Union established a management and disposition plan by receiving an application for parcelling-out of the instant 1 collective housing from its members, and obtained authorization from the head of Mapo-gu on December 1, 2012 from the head of Mapo-gu.

(A) Evidence No. 2-1). Plaintiff

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