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(영문) 서울고등법원 2015.07.16 2013나77920

부당이득금반환

Text

1. The plaintiff (Counterclaim defendant)'s appeal on the principal lawsuit is dismissed.

2. The Defendant (Counterclaim Plaintiff) who participated in the trial.

Reasons

1. Basic facts

A. Terms and conditions of a contract between the plaintiff and the defendant

1. The ownership transfer key to the Plaintiff is the Nam-gu Incheon Metropolitan City C Project Site.

3. The defendant shall procure construction cost (3-400 million) and complete the responsibility, and the plaintiff shall pay the business profit of KRW 100 million separately in return.

4. The expenses (Won 41,010,929) which were transferred to “E” shall be the investment funds for land and building construction in Nam-gu Incheon Metropolitan City.

6. The top priority payment shall be the construction cost after completion of the structural works.

8. Where the Defendant requests a pre-sale contract to raise construction funds during the construction process, the Plaintiff shall issue the sales contract after confirming the terms and conditions of the sales contract, the sale price, etc.

9. The remaining construction cost shall be the end date of settlement within two months from the completion date;

10. Where construction has been suspended for at least 10 days without justifiable grounds, or where construction has been suspended for at least 10 days due to construction funds and other financial circumstances before completion of the 8th floor (including the stalth floor), the Plaintiff and the Defendant shall complete the settlement of accounts only for actual expenses (a receipt under a contract) and the settlement of accounts shall be based on actual expenses after the Plaintiff immediately resumes the construction and completion of the construction.

Provided, That paragraph (3) of the special agreement shall be null and void.

1) On September 15, 2010, the Plaintiff and the Defendant build new urban-type D-type residential housing and business facilities (hereinafter “instant D-type residential housing”) on the south-gu Incheon Metropolitan City ground C-type residential housing and business facilities (hereinafter “instant D-type residential construction”), and the housing completed accordingly is “instant D-type residential housing.”

As to the construction period, from September 15, 201 to February 25, 2011, contract amounting to KRW 1,095,570,00 (i.e., value-added tax of KRW 1,043,400,000) (i.e., value-added tax of KRW 52,170,000), and contract amount of KRW 0.1% per day (hereinafter “instant contract”).

A. The part relating to this case, among the special terms and conditions set forth by the original defendant at the time, shall be as follows:

The address of the project site of the instant agreement: