부당이득금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. Co-ownership of the instant building 1) The Plaintiff and the Defendants jointly purchased each land of Seosan-si, E, F, and G in around 1989, with a doctor’s post-ship, and completed the registration of ownership transfer on November 27, 1989. Around 1991, the Plaintiff and the Defendants borrowed construction expenses under their respective names and completed the registration of ownership transfer on a equal basis to 1/4 of the aggregate buildings of the first and third floors above the said land (hereinafter “instant building”).
After the new construction of the above building on October 24, 191, the registration of initial ownership was completed on the family room of the above building on October 24, 1991, and the following process was conducted on August 16, 201, the Plaintiff and the Defendants finally shared 1/4 each of the above buildings on August 16, 201. 2) The Plaintiff and the Defendants operated each of their own hospitals in the building of this case. On the first floor, Defendant C, D, urology, urology, and urology on the second floor, the Plaintiff and Defendant B operated each of their inside, dental surgery, and dental surgery on the second floor, and the third floor was leased to the third party, and the third floor was used by the Plaintiff and the Defendants as dormitories.
B. 1) The Plaintiff and the Defendants, around 2010, intend to extend and remodel the instant building up to seven floors (hereinafter “instant extension work”). The Plaintiff and the Defendants are only called the “instant extension work”).
The construction cost necessary for extension, etc. shall be appropriated with loans from the bank first, and the insufficient amount shall be determined by the comprehensive construction of DNA Co., Ltd. (hereinafter “the comprehensive construction of DNA”), around April 27, 2010, after the four co-owners agreed to cover each other.
(2) From May 3, 2010 to December 30 of the same year, the contract for construction work was concluded between the Plaintiff and the Defendants, setting the construction cost of KRW 3 billion (including value-added tax) and setting the construction cost of KRW 250 million (including value-added tax) respectively, in order to raise the construction cost (as between April 28, 2010 to December 29 of the same year, the Plaintiff and the Defendants paid KRW 250 million each from April 28, 2010 to December 22 of the same year). < Amended by Act No. 10372, May 19, 2010>