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(영문) 서울중앙지방법원 2013.09.13 2011가합105626
부당이득금반환
Text

1. The defendant's 67,898,700 won to the plaintiff C and 5% per annum from March 18, 2010 to September 13, 2013, and the following.

Reasons

1. Basic facts

A. The plaintiffs and E are members of the housing redevelopment association established for the redevelopment project of this case in Seongbuk-gu Seoul, Seongbuk-gu.

Plaintiff

A, an owner of an unauthorized factory building with a total floor area of 624.8 square meters on the ground of Seongbuk-gu Seoul Metropolitan City G Site (hereinafter referred to as the “instant site”) located within the redevelopment area of this case, and an unauthorized housing building with a total floor area of 115.7 square meters (hereinafter referred to as the “instant housing building”) with a total floor area of 624.8 square meters, who works as the head of the Defendant Cooperative from June 2002 to August 20, 2007.

B. On September 3, 2002, Plaintiff A entered the instant housing building in the ledger for the management of unauthorized Buildings as a lessee and changed the name of the owner on November 7, 2002 to E, a wife, in order to additionally sell one unit of redevelopment apartment complex by means of a crypting that the instant building was not registered in the ledger for the management of Unauthorized Buildings.

Article 22 of the former Urban Redevelopment Act (repealed by Act No. 6852, Dec. 30, 2002; hereinafter referred to as the "Urban Redevelopment Act") was approved on September 16, 2002, the Defendant Association notified the owners of land to be notified of the period of application for parcelling-out and publicly announced.

② On November 2002, Plaintiff A applied for the ownership of the instant factory building under the name of Plaintiff C, his relative relative, and Plaintiff C, his relative, with respect to the instant factory building.

Plaintiff

A, C, and K are recognized as a building occupant on March 2003 and purchased 200/628 shares of 200/628 of the instant site from Seoul Special Metropolitan City to KRW 23.9 billion (A, K to 66.7/628 shares, and C to 66.6/628 shares), and the registration of ownership transfer was completed on January 7, 2004, and on February 23, 2004, the registration of ownership transfer was completed in the Plaintiff B, who is an infant of the Plaintiff.

3. E is the instant case.

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