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(영문) 부산고등법원 2018.04.19 2017나56424
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. On July 30, 2003, the Plaintiff is a housing reconstruction project partnership established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to remove existing buildings located on the land outside Suwon-gu B, Busan and five parcels and to construct apartment units and ancillary and welfare facilities (hereinafter “instant reconstruction project”). The Defendant is the contractor of the instant reconstruction project that entered into a construction contract for the instant reconstruction project with the Plaintiff on March 28, 2006 for the purpose of the instant reconstruction project (hereinafter “instant construction contract”).

The main contents of the instant construction contract are as follows.

[A] Each member of the cooperative of the cooperative of the cooperative of the cooperative of the cooperative of the cooperative of the cooperative of the cooperative of the cooperative of the cooperative of the cooperative of the cooperative of the cooperative of the cooperative of the cooperative of the cooperative of the cooperative of the cooperative of the cooperative of the cooperative of the cooperative of the cooperative of the cooperative of the cooperative of the cooperative of the cooperative of the cooperative of the cooperative of the cooperative of the cooperative of the cooperative of the cooperative of the

(2) “A” shall provide “B” (Defendant) with the land referred to in paragraph (1) as a project site.

In such cases, the term "A" means a land in a state that does not impede the commencement of construction works of "B" by securing the ownership of land and the right to use land.

(3) "B" shall construct a building facility on the site referred to in paragraph (1) provided by "A" in accordance with the design documents, terms and conditions of the contract, etc. approved by the competent project implementation authorization authority, and "A" shall provide each member with the apartments and welfare facilities newly built in accordance with the free equity ratio prescribed in Article 5, and the remaining building facilities shall be sold in general and appropriated from the construction cost and the project cost (hereinafter

Article 5 (Gratuitous Equity Ratio and Criteria for Payment of Contributions) (1) New apartments and welfare facilities of the previous land or buildings owned by members of the "A" under Article 4 (3).

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