beta
(영문) 부산지방법원 2017.10.20 2016가단350088

부당이득금 반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Construction contract relationship and public sale procedure 1) ABC Co., Ltd. (former case, hereinafter “ABC”)

[2] Around 2008, the land of this case (hereinafter “instant land”) shall be the land of this case in Yangsan-si, Yangsan-si.

3) On the ground, “D New Construction Works” (hereinafter “instant Construction Works”).

3) The Plaintiff’s exercise of rights is a joint construction of the right of redemption (hereinafter “joint construction of mining”).

A) A contract was made to the Corporation, and the Construction of the Mad bargaining Comprehensive Construction, Inc., Ltd. (hereinafter “Sa Development”) among the instant construction works, was a contract for the Corporation.

Corporation (hereinafter referred to as “Aforest Construction”) shall be deemed to be a forest construction corporation

(2) Each of the instant land was subcontracted to E, etc. (hereinafter “instant real estate”) but the instant land and a newly-built ground object (at the time of the commencement of the public auction procedure, at least nine floors of the instant land; hereinafter “instant real estate”) were put into a public auction procedure for the instant land and the instant newly-built ground object (hereinafter “the instant real estate”), and the Grandland Co., Ltd (hereinafter “Syangland”) acquired the instant real estate at KRW 1,400,000 on June 26, 2014 in the said public auction procedure. As such, the ownership transfer registration was completed in the Grandland in the future on June 26, 2014 with respect to the instant land, and the ownership transfer registration was changed to the owner of the building on August 26, 2014. < Amended by Act No. 12738, Aug. 22, 2014>

B. On May 22, 2014, prior to the acquisition of the instant real estate, Taeyangland, which is a bidder, is simultaneously awarded a bid for the auction procedure of the instant real estate at KRW 1,400,000,000.