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(영문) 수원지방법원안산지원 2016.05.12 2015가합22592
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a reconstruction association with the area of project district of 74,192.9 square meters of C in Gwangju-si, which is a housing reconstruction association with the area of project, and on March 29, 2000, the establishment of the association was authorized by the Gwangju-si Market, and on January 16, 2006, the Gyeonggi-do Governor designated and publicly announced the above Japan as a housing reconstruction improvement zone.

On October 19, 2006, the defendant obtained the approval of the management and disposal plan from the Lighting Market, and the luminous Market announced the above management and disposal plan around that time.

At the time of the Defendant’s establishment, the Plaintiff is the owner of DJ 206 square meters (hereinafter “instant land”) and the ground-based and slive lub 2 residential and neighborhood living facilities (hereinafter “instant housing”) located within the said rearrangement zone, including the instant land and the instant housing.

B. The Plaintiff notified its members of the application for parcelling-out from July 16, 2006 to August 14, 2006, and announced the application for parcelling-out in a daily newspaper. On September 17, 2006, the Plaintiff issued a special general meeting to receive the application for parcelling-out, and notified its members of the additional application for parcelling-out with the period from October 9, 2006 to October 15, 2006.

The plaintiff originally consented to the establishment of the defendant, but the application for parcelling-out was withdrawn during the period of application for parcelling-out.

C. On February 26, 2008, the Defendant deposited 350,913,40 won as the cause of deposit of cash settlement on October 16, 2006, with the Plaintiff as the principal deposit, and on April 22, 2009, the Seoul High Court 2008 or 3282, which was the appellate court of the instant case, deposited 465,610,000 won, which is the difference between the above deposit amount and the deposit amount (i.e., KRW 465,696,600,000, which is the difference between the deposit amount (i.e., KRW 465,610,000 - KRW 350,913,400, Mar. 16, 2010). The registration of ownership transfer was completed on March 26, 2010.

At the time of the completion of the above registration of ownership transfer, this case.

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