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(영문) 서울중앙지방법원 2017.01.20 2016나52653

부당이득금반환

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1. The judgment of the first instance is revoked, and all claims filed by the Plaintiff (Appointed Party) against the Defendants are dismissed.

2...

Reasons

1. Basic facts

A. On March 28, 2003, H Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) newly constructed 20 apartment units (hereinafter “the apartment units of this case”) with the Plaintiff (designated parties; hereinafter “Plaintiffs”) holding five parcels of land outside Jongno-gu Seoul Jongno-gu, Jongno-gu, and with the appointed parties E, F and P and Q (hereinafter “land owners”) on the above land. However, on the above land, 13 households except 7 households designated by the land owners were to be paid in kind to the non-party Co., Ltd. on the pretext of the construction price for the construction price for the non-party Co., Ltd. (hereinafter “the non-party Co., Ltd.”). Around November 1, 2003, the non-party Co., Ltd. (hereinafter “the non-party Co., Ltd.”), the creditor Co., Ltd., Ltd. (hereinafter “Plaintiffs”) purchased the apartment units of this case from the non-party Co. 2, Ltd. and the non-party Co., Ltd., Ltd., Ltd. (hereinafter “the non-party 2”).

The judgment was rendered on January 21, 2009 and rendered on February 18, 2009.