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(영문) 서울북부지방법원 2015.10.14 2014가합24277

부당이득금

Text

1. The Plaintiff:

A. As to the Defendant Huba Co., Ltd., Ltd., KRW 17,866,367 and KRW 9,148,567 among them.

Reasons

1. Facts of recognition;

A. The construction process of apartment buildings on the ground before the combination of the instant land was 1) on the ground of Mapo-gu Seoul Metropolitan Government, wherein multi-households were built, wherein D, etc. were residing on the ground of the above E-ground, and the residents of each of the above multi-households, such as D, F, etc., decided to remove them and build new apartment units. On October 14, 2002, the residents of the above multi-households were to remove them and to newly build the apartment units. On June 29, 2003, the construction permission was granted on each of the above land by making D and 14 persons, including D and 14 persons, and on each of the above land, the apartment units (hereinafter “instant apartment units”).

(2) On May 10, 2004, D and 14 non-party companies entered into a contract for construction work that the non-party company would acquire in lieu of the payment of the construction cost by constructing new apartment units with the funds of the non-party company (hereinafter referred to as "non-party company") and the non-party company's construction cost of KRW 2.5 billion, and the non-party company will acquire in lieu of the payment of the construction cost.

3) After that, only some residents, including D, F, and G, intend to continue a reconstruction project, four persons, including F and G, acquired the ownership of H land divided into the above E on June 23, 2004. On the same day, except D on June 29, 2004, the non-party company acquired two co-owners of the above H site except F and G, and completed the registration of transfer accordingly. On the same day, the non-party company purchased the land adjacent to each of the above lands from G and completed the registration of transfer under the name of the non-party company. On November 18, 2005, the above owner was changed from D and 14 persons to D, G, F, and non-party company. The non-party company did not properly construct the above apartment building construction work and completed the construction work after settling the remainder of the construction work cost.