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(영문) 서울고등법원 2015.07.23 2014나2007191
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) established to implement a reconstruction project (hereinafter “instant reconstruction project”) to remove 147 existing buildings (19 without permission) within the said project zone with the Seongbuk-gu Seoul Metropolitan Government 27,351.30 square meters as the project zone (hereinafter “instant project zone”), and the Plaintiff obtained authorization for the establishment of the housing reconstruction project on February 27, 2007 from the head of Seongbuk-gu Seoul Metropolitan Government and obtained authorization for the establishment of the project on August 29, 2007 from the head of Seongbuk-gu Seoul Metropolitan Government.

B. On November 29, 2007, the Plaintiff entered into a sales contract with the Defendant for the purchase of the Seongbuk-gu Seoul Metropolitan Government Machan 3 to 29-150 square meters (hereinafter “the land of this case”) and 330.10 square meters among the 36-1 road of this case (hereinafter “the land of this case 2”). The Plaintiff completed the registration of ownership transfer with respect to each of the instant land of this case (hereinafter “each of the instant lands”) by 1,217,148,00 won, referring to the land of this case 1 and 2, hereinafter “each of the instant lands”) with the purchase price of KRW 547,045,00 (hereinafter “the instant sales contract”). Around that time, the Plaintiff paid the above purchase price in full to the Defendant, and completed the registration of each of the instant lands.

C. Meanwhile, while implementing the instant reconstruction project, the Plaintiff newly installed a total of KRW 13,946,875,500 on the land value of the road 3,678.1 square meters, small parks 893.2 square meters, and landscape green areas 371.6 square meters on the land within part of the instant project area, and donated it to the Defendant pursuant to the former part of Article 65(2) of the Urban Improvement Act.

The main contents of the statutes related to the instant case are attached Form.

4. The entry into the relevant Acts and subordinate statutes;

[Grounds for Recognition] Unsatisfy, each entry of Gap evidence 1 to 3, 10, and 15 includes each number.

(b) does not otherwise specify any number.

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