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(영문) 서울중앙지방법원 2017.04.18 2016가합552913

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Party C’s status 1) From June 2007 to June 1, 2007, the project for apartment construction (hereinafter “instant project”) is conducted in the Namdong-gu Incheon Metropolitan Government Ddong-gu.

A) A person who established the Plaintiff around August 30, 2007, as a person, around December 30, 2012, the Plaintiff served as the representative director of the Plaintiff until the time when the Plaintiff was ordered to be dissolved. (2) C was introduced from August 8, 2007 to September 9, 201, and requested the Defendant to help the instant business. At the time, the Defendant had operated the FF and G while running the instant business for a long period in Incheon, and had a relationship with the Incheon City Mayor, etc. while working as Hparty Vice-Chairperson of Incheon Metropolitan City.

B. On October 22, 2007, the Plaintiff entered into a land sales contract between I and I to purchase approximately KRW 38,000,000 square meters of the total land in the Nam-gu Incheon Metropolitan City Ddong-gu, such as I and J, for the purpose of promoting the instant project (hereinafter “instant primary land sales contract”) between I and I (hereinafter “instant primary land sales contract”).

(B) Although the contract deposit was concluded, there was a number of companies, other than the Plaintiff, that were trying to implement apartment project in the Ddong group, and the Korea-U.S. Co., Ltd. (hereinafter “Korea-U.S.”) did not pay the down payment amount of KRW 8.155348 million (10% of the purchase price) to I, thereby extending the contract deposit payment period with I separately paying the interest equivalent thereto. (2) At the same time, there were many companies, other than the Plaintiff, who were trying to implement the apartment project in the Ddong group.

) Since the land was owned in a size equivalent to the area of land in the Namdong-gu Incheon Metropolitan City Ddong-gu, Hanhwa Construction Co., Ltd. (hereinafter referred to as the “Korean Commercial Construction”) is also an affiliate company.

(B) C, which operated the Plaintiff, has a high probability of being responsible for the construction of the apartment in the future, has contacted many companies on the side of the Hanhwa Construction. (B) The conclusion of the instant land sales contract.