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(영문) 부산지방법원 2017.01.13 2016나4447
부당이득금반환
Text

1. The action shall be dismissed as to the part of the primary claim added in the trial;

2. The plaintiff's appeal and the trial court.

Reasons

1. The facts below the facts of recognition do not conflict between the parties, or can be acknowledged in full view of the whole purport of the arguments in Gap evidence Nos. 1 to 7, 10, and 11.

On September 6, 2006, the Mayor of Busan Metropolitan City designated 15,532 square meters as B housing redevelopment area as D Public Notice of Busan Metropolitan City on September 6, 2006.

B. The defendant association is a housing redevelopment association established upon the completion of the registration of incorporation on November 10, 2006 by the committee of promotion which was approved on December 8, 2005 by the head of the shipping unit or the head of the shipping unit.

C. On January 6, 2006, before obtaining the above establishment authorization, the promotion committee announced a public announcement in order to select the developer of the redevelopment project. On January 9, 2006, the promotion committee held the site site meetings against the M&D companies, G&D companies, G&D companies (hereinafter “Seoul companies”), Hyundai Construction companies, and completion construction companies, which expressed their intent to participate in the redevelopment project on January 9, 2006. On January 25, 2006, the promotion committee held the residents' general meeting and passed a resolution to select Gyeongnam companies as the city construction company by means of open competitive bidding.

After completing the registration of establishment of an association in accordance with the authorization to establish an association, the Defendant association held a general meeting on March 17, 2007 and passed a resolution to confirm the resolution on January 25, 2006, which selected Gyeongnam-si as the contractor (hereinafter “the resolution of this case”).

E. On June 18, 2007, the head of the Shipping Unit approved the project implementation plan for the housing redevelopment improvement project for the Defendant Cooperative B (hereinafter “instant rearrangement project”) on June 20, 2007, and announced it on June 20, 2007, and approved the management and disposal plan on January 25, 2008, and announced it on January 30, 2008.

F. The plaintiff's multi-household housing of 140 square meters in Busan Shipping Daegu and 140 square meters in its ground block structure and multi-household housing of 2nd floor in its ground block structure (hereinafter "each real estate of this case") within the rearrangement zone of this case shall be subject to the expropriation ruling by the local land expropriation committee of Busan Metropolitan City on August 11, 2008.

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