부당이득금반환 등
1. On January 1, 2014, the Defendant: (a) on the Plaintiff’s share 1/4 of each real estate stated in the separate sheet of real estate from the Plaintiff.
1. Basic facts
A. On 1989, the Plaintiff entered into a partnership agreement. Around 1989, the Seoul Gwangjin-gu Seoul Special Metropolitan City and two lots (Seoul Special Metropolitan City Gwangjin-gu D, etc. before land substitution; hereinafter “instant land”).
(2) The business of newly constructing and selling officetels on its ground (hereinafter referred to as the “instant business”).
in promoting B, the Defendant was invested in KRW 2.41 billion, and the Plaintiff and the Defendant have invested in KRW 2.5 billion.
7.8. After purchasing the instant land on the 11th of the same month, the Plaintiff completed the registration of ownership transfer in the future with respect to the 1/5 shares out of the instant land, and with respect to 4/5 shares, each of the Defendant’s respective registrations
2) Meanwhile, on March 30, 1989, the Plaintiff is a stock company E (hereinafter “E”) to implement the instant business.
The Plaintiff and the Defendant established an agreement to jointly promote the instant business (hereinafter “instant business agreement”) around July of the same year.
) After doing so, Ftel and commercial building sales agency contracts between E around that time, G Co., Ltd. (hereinafter “G”) on November 18 of the same year.
)와 사이에서 F 오피스텔 신축공사에 관한 도급계약을 각 체결하였고, 1990. 1. 3. ‘H’라는 상호로 원고와 피고를 공동사업자로 하는 사업자등록을 마쳤다. 3) 원고와 피고는 그 무렵 이 사건 토지의 지분과는 무관하게 이 사건 동업약정에 따른 손익분배비율을 원고는 1/4, 피고는 3/4으로 하기로 구두 약정하였다
(A) There is no dispute between the parties that the parties made an oral agreement on the allocation ratio of profits and losses as above. (hereinafter referred to as the “instant association” between the Plaintiff and the Defendant pursuant to the instant trade agreement.
1) On the ground of the instant land on December 24, 1993, the general business facilities and neighborhood living facilities (hereinafter “instant officetels”) of reinforced concrete lamen, flat slab roof 11st floor, and neighborhood living facilities (hereinafter “instant officetels”).
Around that time, I, J, K, L, M, N,O, P, among the instant officetels.