부당이득반환
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The defendant union is a reconstruction association established for the purpose of rebuilding commercial buildings in a conventional market called "B" on the ground of 4,308 square meters on the land of Seocheon-gu, Seocheon-gu, Seocheon-gu (hereinafter "the land in this case") around August 200, and the defendant C is a member of the defendant union.
On August 18, 2001, the Defendant Cooperative and E (hereinafter “E”) awarded a contract for the construction work of constructing a main complex building with the fourth and fourth floor above ground (hereinafter “instant building”) on the ground of the instant land to E Co., Ltd. (hereinafter “E”).
(hereinafter referred to as the “instant construction contract”). The main contents of the instant construction contract are as follows.
E shall lend 4.1 billion won to the defendant union as moving expenses, and the defendant union shall not return it to E, but where the building of this case is completed and the remaining part of the building excluding the shares of the defendant union members is sold to the general public, E shall recover the expenses and the construction cost incurred in relation to the construction contract of this case, such as the above relocation expenses (partnership expenses) loan and incidental expenses, from the sale price.
However, in order to return the above loan to E where the contract for the construction of this case is terminated or cancelled, and to secure the right to return the loan to E, the defendant union created a collateral security with the maximum debt amount equivalent to 150% of the above relocation expenses (partnership expenses) in respect of the land of this case as the maximum debt amount.
In the instant land, the Defendant Union, on September 28, 2001, completed the registration of the creation of the right to collateral security (hereinafter “instant right to collateral security”) with respect to the portion of the instant land trusted to the Defendant Union from its members from September 28, 2001 to September 28, 2001.
Since then, E borrows the work price from the FF Treasury.