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(영문) 서울서부지방법원 2015.03.19 2014가단16497
부당이득금반환등
Text

1. From May 8, 2014, Defendant B’s housing redevelopment and rearrangement project partnership’s KRW 44,603,410 to the Plaintiff.

Reasons

1. Basic facts

A. Defendant B’s Housing Redevelopment Development Project Association (hereinafter “Defendant Association”) is established for the purpose of implementing a housing redevelopment project by setting the Seodaemun-gu Seoul Metropolitan Government D D as the project area. Each real estate listed in the attached list is within the rearrangement zone where the Defendant Association implements the redevelopment project.

B. On October 20, 2010, Nonparty E entered into a sales contract with the Defendant Association to make installment payments of KRW 44,603,410,00 among KRW 40,000 and KRW 22,00,000 among KRW 80,000 in Seoul, Seodaemun-gu, Seoul, as a site for an unauthorized building owned by the Republic of Korea (Korea Asset Management Corporation) on October 20, 201, when Nonparty E occupied part of KRW 80,00 in a building with no permission, and between the Republic of Korea and the Republic of Korea on October 20, 2010. The Defendant Association borrowed KRW 44,603,410 from the Defendant Association to pay the compensation imposed in relation to the possession of the said State-owned land and the purchase price of the said State-owned land.

C. The Plaintiff acquired the ownership of the instant real estate on December 6, 201 from the auction procedure (Seoul Western District Court H) for the auction of real estate (Seoul Western District Court H) on the share of 80.85 percent among the real estate listed in paragraph (1) of the attached Table No. 1 of the attached Table No. 1 (the adjoining land of this case) owned by E, and one half of the real estate listed in paragraph (2) of the same list No. 2 of the same Act (hereinafter “the instant real estate”). In the auction procedure, on September 2011, the Defendant Mutual Association applied for an apartment newly constructed apartment with the Defendant Mutual Association, but did not designate a specific number of houses.

The buyer may succeed to the status of members of E and the right of allocation of new apartment type.

However, E entered into a purchase contract for the instant state-owned land as an occupant, and if the contract of state-owned land is not succeeded to the purchaser, the Defendant Union.

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