부당이득금반환등
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. Facts of recognition;
A. The Plaintiff’s acquisition of ownership 1) The United Nations Development Co., Ltd. (hereinafter “UNFCCC”)
) The owner of the building is the main complex building with a scale of 102 households on the ground of the land outside J of Busan-gu, Busan-gu and seven parcels (hereinafter “instant apartment building”).
In order to newly build and parcel out a new construction and to newly build and parcel out a three-dimensional comprehensive construction company (hereinafter “three-dimensional comprehensive construction”) around May 2003.
2) On October 2005, the construction of the instant apartment was contracted to the Plaintiff, and the construction of the instant apartment was performed with multiple companies, such as Gando Co., Ltd. (hereinafter referred to as the “Gando”) and the Urban Electricity Co., Ltd. (hereinafter referred to as the “Urban Electricity”), the Central Dando Co., Ltd. (hereinafter referred to as the “Central Dando”), and K Co., Ltd., and the construction of the instant apartment was performed on or after the end of 2005.
3) On November 2005, at the same time, the subcontractors established a consultative body with respect to the third-party comprehensive construction project, elected the Haak, urban electricity and central sub-committee as the representative company of the consultative body, and the comprehensive construction of Samdae-tae National Construction took over all the claims for the development of the UNFCCC. On December 10, 2005, the agreement was concluded with the United Nations Department of Science and Technology on the completion of the instant construction project at the expense of the subcontractor, and the UN Department of Technology with respect to each of the households of the apartment of this case in order to secure the obligation for the payment of the construction cost. 4) Thereafter, the subcontractors commenced the instant construction project from February 2, 2006, and completed the instant apartment construction project on October 2, 206.
5) On February 20, 2006, Gyeongpy, Urban Electricity, and Central Down-do, with the claim for construction cost of KRW 6,058,848,00 for the development of the United Nations as the claim for construction cost of KRW 6,058,848,00, each of the households of the apartment of this case (the Busan District Court 2006Kahap8, Busan District Court 2006Kahap8