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(영문) 수원지방법원안양지원 2014.05.29 2013가합4369

부당이득금

Text

1. The Defendant’s KRW 1,059,00,000 and the Plaintiff’s annual rate of KRW 5% from November 28, 2009 to August 7, 2013, respectively.

Reasons

1. Basic facts

A. The Plaintiff was established for the purpose of implementing a reconstruction project of apartment houses, neighborhood living facilities and ancillary and welfare facilities (hereinafter “instant project”) on the land outside and 22 lots in Ansan-gu, Ansan-gu, Ansan-si, and was approved for the establishment of a partnership on December 2, 2002 by the Ansan-gu under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The Defendant is a company operating construction business, etc., and is a contractor of the instant project.

B. On July 31, 2006, the Defendant entered into a contract for the instant project with the Plaintiff (hereinafter “instant contract”). The main contents are as follows.

Outline

1. Title of the project: A apartment reconstruction consolidation project association;

2. Location of business: B and 22 parcels in Ansan-gu, Gyeonggi-do.

3. Area of business: 47,875.22 square meters (14,482.24 square meters);

4. Details of the project: Construction of new construction facilities approved by the head of the competent local government;

5. Construction method: Article 4 (Method of Implementation of Projects) of the terms of a construction contract for the apartment and accessory and welfare facilities for the land owned by A (Plaintiff) (1) of the terms of a construction contract for an apartment and ancillary and welfare facilities for the land owned by A (Defendant) (hereinafter “A”) shall be supplied to “B” (Defendant) with “B” and “B” land outside 22 lots of land owned by A (Defendant) in Gyeyang-gu, Mayang-gu, Gyeonggi-do, where a partner owns,

(hereinafter) (2) The term “B” means the supply of apartment and accessory and welfare facilities newly built on the land provided by the head of the competent local government to “A” in accordance with the design documents, terms and conditions of the contract, etc., and the construction of the building facilities on the land provided by “A,” and the payment for the land provided by “A,” and the remaining construction facilities shall be appropriated from the construction cost and the project cost (hereinafter “construction project cost”).

Article 12 (Business Expenses) (1) The business expenses under this Agreement shall be as follows: