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(영문) 서울중앙지방법원 2016.08.10 2015가단5028435
부당이득금반환
Text

1. Defendant B Housing Redevelopment and Rearrangement Project Association: KRW 63,900,000 for the Plaintiff and the Plaintiff from June 13, 2014 to August 2016.

Reasons

1. Facts of recognition;

A. Around October 23, 2007, Defendant B Housing Redevelopment and Rearrangement Project Association (hereinafter the executor, Defendant Cooperative) entered into a construction contract with the Defendant Construction Co., Ltd. (contractor, Defendant Co., Ltd.) to newly construct D apartment houses and ancillary and welfare facilities within the Seoul Dongjak-gu Seoul Housing Redevelopment and Rearrangement Project Zone.

The main contents of the contract agreement shall be as follows:

The scale: The management and disposal plan for 34 months from the date of commencement shall be prepared by the defendant partnership, and the defendant company shall actively cooperate, and all affairs related to the sale, such as the sale of building facilities and the collection of expenses and charges, for the members of the association, shall be performed by the defendant company on behalf of the defendant company after consultation with the defendant partnership.

(Article 18(1). The remaining construction facilities to be sold to members shall be sold to the general public, and the timing, methods and procedures for sale shall comply with the rules on housing supply, and shall be sold to the general public after obtaining approval for the public of the invitation of occupants.

(Article 19(1). (See Article 19(1). (A) In case of unsold parcels of apartment units, welfare facilities, etc. by the date of authorization for completion (including approval for provisional use), the defendant company may dispose of unsold apartment units, commercial buildings, etc. at a reasonable price that the defendant company consulted with the defendant company and appropriate it for the repayment of construction costs and loans. In order to recover unpaid loans and construction costs at the same time as the preservation registration, the defendant union shall set up a right to collateral with the defendant company as the mortgagee

(Article XIX, Section 3). (b)

The defendant company completed the apartment construction on June 20, 2012.

On July 31, 2012, the Defendant Union obtained authorization of the completion of construction from the head of Dongjak-gu, and completed registration of the preservation of ownership in the name of the Defendant Union on December 24, 2012.

C. On March 15, 2010, the Defendant Mutual Aid Association (hereinafter “Defendant Mutual Aid Association”) was affiliated with E and D Apartment No. 107-dong 302 (hereinafter “instant apartment”).

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