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(영문) 서울중앙지방법원 2018.05.11 2017나80143

부당이득금반환 등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. 1) The Plaintiff including the Plaintiff, including D and the Plaintiff (hereinafter “Plaintiff, etc.”)

In addition, around November 2004, E removes the old house of Gwanak-gu in Seoul Special Metropolitan City and 18 households, including two households of neighborhood living facilities (hereinafter “instant house”).

2) The construction project that newly constructs 2 Dongs (hereinafter “instant construction project”)

2) E subcontracted a part of the instant construction work, and E and subcontractor made out a statement of performance (Evidence A5) to the effect that, in relation to the instant construction work, the Plaintiff et al., “E shall give up the right to claim the cost of construction and all rights incidental to the construction and immediately withdraw from the construction site if the suspension of construction due to intention, negligence, the suspension of construction due to the failure of the E, the delay of construction, or the cause attributable to the subcontractor, or delay of construction (in the event of delay, suspension for more than three days) occurs.”

B. On June 21, 2006, E transferred the status of contractor to F with respect to the instant construction, while performing the instant construction, and F completed the new construction of the instant house on September 2006. 2) On February 20, 2007, the Plaintiff completed the registration of ownership preservation on the portion of 1/11 of the 5th, 501 shares of the instant apartment house No. 501 (hereinafter “instant 501”).

3) From around 2006 to 501, the Defendant possessed the above 501 shares, and the Plaintiff did not pay the said 501 shares since the commencement of possession. (C) The Defendant occupied the instant 501 shares; and (d) filed a lawsuit with the Seoul Central District Court demanding the Plaintiff, D, and G to implement the procedures for ownership transfer (209No. 10256) by asserting that, among the instant construction works, the civil engineering works, etc. were accepted from E and agreed to receive the ownership transfer of the said 501 shares with the said construction costs; however, the Defendant was sentenced to the dismissal judgment from the said court on August 13, 2010.