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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion is a person subject to cash settlement, and thus, is mistakenly aware that there is no obligation to bear the cost of rearrangement project, and thus, the Defendant consulted with the Defendant on the amount of KRW 8,985,324,971 calculated by deducting the amount of KRW 148,027,149 as the cost of rearrangement project from KRW 9,133,352,120 as the appraised value of the Seoul Land and its ground buildings (hereinafter “instant real estate”). This constitutes an error in the important part of the legal act, and thus, the portion of the deduction of the cost of rearrangement project among consultations with the Defendant is revoked pursuant to Article 109
Therefore, the Defendant is obligated to return KRW 148,027,149, which was deducted from the rearrangement project cost to the Plaintiff as unjust enrichment.
2. Determination
A. Article 19(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) provides that “The association members of a rearrangement project (excluding a rearrangement project implemented by the head of a Si/Gun or the Housing Corporation, etc.) shall be limited to the owners of land, etc. (in the case of a housing reconstruction project, limited to the persons who consent to the housing reconstruction project), but one association member representing the number shall be deemed to be the number of association members if any of the following is applicable.” Article 60(1) provides that “The cost of the rearrangement project shall be borne by the project implementer except as otherwise expressly provided for in this Act or other Acts and subordinate statutes.” Article 61(1) provides that “The project implementer may impose and collect the difference between the cost under Article 60(1) and income accrued in the course of implementing the rearrangement project as a charge, etc.”
b) the Commission;