부당이득금반환
1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2...
1. Basic facts
A. 1) G is a land ownership relationship, etc. of Yeongdeungpo-gu Seoul Metropolitan Government 4,864 square meters (hereinafter referred to as “in the following”)
(2) On December 28, 1984, G’s wife H and she died on December 21, 1984. G’s wife H and she jointly succeeded to the instant land at the ratio of 6/21 shares, 1/21 shares, 21 shares, 21 shares, and 4/21 shares, respectively. (2) J transferred one half of the shares, 1/21 shares, among the shares, 1/21 shares of the instant land, to H’s co-born and the Defendant’s wife, who is the external third-party of J, respectively.
3) On February 15, 1993, H, I, the Plaintiffs, and C, the wife of K, jointly inherited 3/7 shares, and 4/21 shares owned by K as to the instant land at the ratio of 2/7 shares by Plaintiff B and C, each of whom is the wife of K. 4) On February 15, 1993, H, I, the Plaintiffs, Defendant, and L, the co-owners of the instant land, entered into a contract with two Busan Construction Co., Ltd. to construct a building on the instant land at around 1994, but only some of the construction works were implemented and most of the construction works were suspended.
B. 1) Around September 2002, H, I, the Plaintiffs, the Defendant, and L, who are co-owners of the instant land, prepared and implemented a power of delegation (Evidence No. 8) stating that “In using, earning profit from, and disposing of the instant land owned by co-owners, the building on the eight-story underground and the twelve-story above the ground shall be newly constructed on the instant land owned by co-owners, and the Defendant shall delegate to the Defendant all the authority pertaining thereto, and the Defendant shall be appointed as the owner’s representative and owner’s representative” (hereinafter referred to as the “instant delegation contract”).
(2) On September 30, 2002, the Defendant concluded a contract for construction work with the Dongyang Construction Industry (hereinafter “Dongyang Construction”) on September 30, 2002 as the representative of one and the remaining co-owners.
3) In Doyang Construction, around October 2005, AD building on the instant land, which is a business facility of 8 underground and 12 underground floors above the instant land (hereinafter referred to as “instant building”).
4) complete the project.