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Reasons
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(영문) 서울남부지방법원 2014.07.10 2013가합11707
부당이득금반환 등
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1. The Plaintiff:

A. Defendant A market improvement project association: KRW 742,395,810 and its related amount from July 19, 2013 to July 10, 2014.

Reasons

1. Basic facts

A. On December 27, 2011, the Plaintiff engaged in a joint project agreement (Evidence A 2), construction business, etc. entered into a joint project agreement with the Defendant A market improvement project association (hereinafter “Defendant Association”) established under the former Special Act on the Development of Traditional Markets and Shopping Districts (amended by Act No. 9887, Dec. 30, 2009), to jointly implement a project for the improvement of the A market:

(hereinafter referred to as "joint project agreement"). The outline of Article 2 (Opening of the Project) of the Joint Project Agreement is as follows:

1. Project name: A market improvement project;

2. Site Location: The defendant union and the plaintiff selected the plaintiff as a joint project implementer through the general meeting of association members in order to achieve the objectives of the project of Yeongdeungpo-gu Seoul Metropolitan Government, and the defendant union and the plaintiff jointly conduct all affairs concerning the implementation of the project together with the following division of affairs under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents:

1. The defendant union shall carry out the following business affairs:

1) The responsibility of the Defendant Union and the Plaintiff to secure ownership of the project site, to cancel all restrictions on the legal and historical performance of third parties, such as mortgages on the project site, superficies, etc., and to move the tenants who have completed not more than nine months from the effective date of the Plaintiff’s agreement with the Defendant Union and the Plaintiff - to move the limited real right and the lessee, within the limit of the Plaintiff’s moving expenses loan. However, if the Defendant Union and the Plaintiff agreed to do so, the ownership shall be secured if the Plaintiff agreed to do so. - In the case of the non-party, the project site subject to the claim for sale by the non-party shall be less than 15 per cent of the total area of the project site). However, the registration of trust on the project site shall be completed within nine months from the effective date of the agreement between the Defendant Union and

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