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(영문) 광주지방법원 2014.07.10 2014가합51154

부당이득금

Text

1. The part of the Plaintiff’s lawsuit against the Defendant A, and the lawsuit against the Defendant (Appointed Party B) and the Appointed C, respectively.

Reasons

1. Basic facts

A. Around 1996, Defendant A’s discontinuance of the new construction of the instant building had been permitted to construct real estate listed in the [Attachment List (hereinafter “instant building”) and continued construction, the new construction of the instant building was suspended. On December 15, 200, the building permit for the instant building was revoked.

B. On September 6, 2010, Defendant A entered into an agreement with D on the transfer of the instant building with the content that the construction would transfer the said building suspended as a transfer price, setting the settlement amount according to the appraisal result in the underground room destruction work, earth and rocks construction, the project site civil engineering work, and the structural frame construction of a building, etc., which was implemented by Defendant A, until the discontinuance of new construction of the instant building between D and D. On September 6, 2010, Defendant A entered into the said agreement with D, which was a notary public on September 6, 2010, as the Act, etc. No. 2076 on 2010.

C. A contract for the instant construction project: (a) around January 19, 201, D entered into the name of the owner of the instant building; (b) all rights to divert farmland related to the construction of the instant building; and (c) rights to the farmland creation cost and the amount of payment for the farmland creation cost and the amount of payment, which were already paid, were changed to Defendant B and appointed parties C (hereinafter “the Defendant”); and (d) on November 7, 2012, Defendant B and C entered into a contract with the Plaintiff for the remaining new construction works of the instant building (hereinafter “instant construction”); (b) the contract amount of KRW 4,620,000,000 for the Plaintiff; and (c) the construction period from November 10, 2012 to May 9, 2013.

Defendant A’s related lawsuit (1) Defendant A filed a lawsuit against Defendant B and C seeking suspension of the instant construction work on December 12, 2012, which did not pay the transfer price of the instant building to Defendant B and C. On April 5, 2013, the said court rendered a judgment that “Defendant B and C will suspend the instant construction work” on April 5, 2013, and the appellate court dismissed Defendant B’s appeal on October 2, 2013, and the said judgment on October 2, 2013.