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(영문) 서울중앙지방법원 2014.02.19 2013가합512075

부당이득금반환 등 청구의소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff related to the Plaintiff is the Plaintiff: (a) “E building” consisting of 4 underground floors, 20 stories above ground and 65 households and 4 commercial buildings; (b) 102 households and 61 commercial buildings constructed on D’s land consisting of 1,188.9 square meters (hereinafter “instant land”); and (c) the instant building consisting of 1,150 square meters (hereinafter “instant land”); and (d) the instant building consisting of 101 square meters and 61 commercial buildings and 4 commercial buildings consisting of 102 commercial buildings constructed on D’s land; and (e) the instant building consisting of 1,150 square meters and 1,150.3 square meters (hereinafter “instant land”); and (e) the instant building consisting of 101 commercial buildings built on D’s land and 61 commercial buildings.

B. 1) The Plaintiff’s representative director was the Plaintiff’s construction of the instant building under the condition that the Plaintiff’s construction of officetels and commercial buildings was promoted on the instant land, and, during May 2005, the Plaintiff would jointly develop each of the instant land and sell the instant building under the condition that the G, which promoted an officetel construction project on the instant land adjacent to the instant land, and had 50% shares in each of the instant land (hereinafter “instant project”).

(2) On September 28, 2005, G entered into a contract with G to transfer its building project right to the Plaintiff at KRW 1.30 million, G and G’s relative relatives were each appointed on June 16, 2005 by the Plaintiff’s director, and 30% of the Plaintiff’s shares was registered in G’s name, and 20% of the Plaintiff’s shares was registered in H’s name, and the Plaintiff promoted the instant construction project as an executor. 2) On September 28, 2005, the Plaintiff entered the Defendant into the instant construction project (hereinafter “instant construction”) into the Defendant’s supply price of KRW 43,662,30,000 (i.e., the supply price of KRW 39,693,000,000,000 value-added tax, KRW 3,969,300,000).