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(영문) 서울고등법원 2017.07.06 2016나2068534
부당이득금반환
Text

1.In the judgment of the first instance,

A. As to Defendant FF Cooperatives, KRW 90,613,256 and its amount from February 19, 2016.

Reasons

1. Facts of recognition;

A. According to Articles 7 and 8 of the Addenda of the Korea Land and Housing Corporation Act (Act No. 9706, May 22, 2009), the Korea Land and Housing Corporation shall be deemed to be merged with the Korea Land and Housing Corporation and the Korea Land and Housing Corporation, and the Korea Land and Housing Corporation comprehensively succeeded to the property, bonds, debts, and other rights and obligations of the Korea Land and Housing Corporation and the Korea Land and Housing Corporation. In implementing the Incheon Free Economic Zone Q2, around October 2008, the Korea Land and Housing Corporation shall be deemed to be a person to be supplied with land for livelihood countermeasures within the said project area (hereinafter “person to be supplied”).

(2) On May 25, 201, the Korea Land and Housing Corporation, the head of the Korea Land and Housing Corporation, was scheduled to U on May 25, 201, the parcel number of the land of this case in Incheon Seo-gu, Incheon, which is a living countermeasure site, was determined as S, and actually determined as S.

The “public announcement of the supply of land for livelihood countermeasures” was made to supply land to a cooperative composed of supply recipients, which is large 858 square meters (hereinafter “instant land”).

According to the above notice, the change of the name and shares of each member is not allowed.

On December 26, 2011, the Director General of the Korea Land and Housing Corporation made a “re-public announcement of the supply of land for livelihood countermeasures,” and the re-public announcement also includes the fact that no change in the name and equity of each member is allowed.

3) On June 17, 201, 34 persons selected as the recipients of T, etc. were to hold an inaugural general meeting and to establish a defendant association with the aim of acquiring the land of this case from the Korea Land and Housing Corporation in lots and distributing profits through such disposal (trade, construction and sale of buildings), and to appoint T as the representative of the association (the president of the association).

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