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(영문) 서울중앙지방법원 2016.05.18 2015가단5314174
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement housing reconstruction improvement projects within the area of 33,593 square meters in Dongjak-gu Seoul Metropolitan Government (hereinafter “instant project area”).

B. On August 12, 2010, the Plaintiff obtained authorization from the head of Dongjak-gu head of the Gu to establish the association and completed the registration of incorporation on August 13, 2010, and received authorization to implement the project on December 7, 2011.

C. However, upon the application of some owners of land, etc. within the instant project zone, the head of Dongjak-gu revoked a disposition to authorize the establishment of a reconstruction association against the Plaintiff on November 30, 2012 on the ground that “123 persons who more than a majority of the owners of land, etc. consent to dissolution,” and the Plaintiff dissatisfied with such revocation and filed a lawsuit against the head of Dongjak-gu Seoul Administrative Court on December 14, 2012 against the head of Dongjak-gu (2012Guhap42502), and the total 103 owners of land, etc. filed an application for intervention on April 11, 2014 for intervention for the head of Dongjak-gu, and the said court rendered a decision to revoke the authorization to establish the association on November 30, 2012.

(hereinafter referred to as “administrative judgment”). Among the supplementary intervenors, 93 persons appealed against the above judgment, and the Seoul High Court (Seoul High Court 2014Nu4278) continued to file an appeal.

[The appellate court dismissed the appeal by the supplementary intervenor on July 28, 2015, and the owners of lands, etc. appealed on December 10, 2015, but the appeal was dismissed on December 10, 2015 (Supreme Court Decision 2015Du3256).

On May 30, 2014, after the administrative judgment was rendered, the plaintiff was subject to the approval of the management and disposal plan, and the approval of the management and disposal plan was publicly notified on June 12, 2014, and thereafter on October 17 of the same year.

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