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(영문) 서울서부지방법원 2017.12.07 2017가단207713

부당이득금

Text

1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 2014, the Plaintiffs and L (L also filed a lawsuit of this case with the original Plaintiffs, but withdrawn the lawsuit of this case) owned each of the 16 units of K house on the ground of Eunpyeong-gu Seoul Eunpyeong-gu Seoul J (hereinafter “instant land”) intended to implement a reconstruction project to remove K housing and newly build new 29 households’ multi-households on the site (hereinafter “K reconstruction project”).

B. Around May 2015, Defendant I proposed that he would proceed with the K reconstruction project to the sectional owners of the K Housing, and the Plaintiffs and L decided to re-occupant after the completion of the K reconstruction project, and the rest of nine generations’ sectional owners sold their rights and agreed to sell their rights.

At that time, the Plaintiffs, L, Defendant G (Defendant I’s wife), and Defendant H determined the share relationship by distributing the said nine generations’ rights as follows:

(1) Plaintiffs (six persons): 3/162 L: 3/16 (2) : (3) Defendant G: 6/16 (as sold to an existing household and obtained the rights of two households among nine households) (as part of nine households, six households among nine households) (4) Defendant H: 1/16 (as part of nine households sold and nine households, one household among nine households).

C. In order to raise funds for K reconstruction projects, the Plaintiffs and Defendant I obtained loans from L, Plaintiff C, Defendant G, and Defendant H 4 as representative borrowers on October 5, 2015 in total of KRW 1,920,000,000,000,000,000 from L, Plaintiff C, Defendant G, and Defendant H, respectively, under the name of the said four persons.

L prepares a prop-joint business contract (Evidence 5) with the content that L will carry on the business with the delegation of all the powers concerning K reconstruction project between the plaintiffs, the defendants, G and H, who are other equity right holders.

In addition, L is in the capacity of the representative promotion chairperson representing other equity right holders, and on November 12, 2015, the "Defendant I will be responsible for the financing for the K reconstruction project and the progress of the project, and some of the households will be supplied to the equity right holders after completion of the project.