부당이득금
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. Of the costs of lawsuit.
A principal lawsuit and a counterclaim shall also be deemed to have been filed.
1. Facts of recognition;
A. On February 21, 1990, the Plaintiff and the Defendant agreed to jointly construct a new building to operate a leasing business. On September 21, 1990, the Plaintiff and the Defendant purchased a 1/2 share of 3rd and 295 square meters in the Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government joint business establishment, and completed business registration on September 11, 1990, newly constructed a 5th and completed registration of preservation of ownership on June 18, 191 by constructing a 1/2 share of the 1991.2) Under the said business agreement, the Plaintiff and the Defendant jointly purchased a 1/2 share of the 420 square meters in the Seoul Mapo-gu E-gu Seoul Metropolitan Government joint business establishment on May 9, 1991, and newly constructed a 3rd and 7rd and 196th share in the said land. < Amended by Presidential Decree No. 13358, Jan. 28, 1994>
3) On September 7, 1999, the Plaintiff and the Defendant sold all equity interests in the F building and its site to G, and completed the registration of ownership transfer on September 20, 1999. (B) The Plaintiff and the Defendant newly constructed D building and the F building management status1), as seen above, shared or borrowed funds, etc. to the Plaintiff and the Defendant shared and borrowed the construction of the D building and F building. The Plaintiff prepared a detailed statement concerning the construction of the F building and the payment of interest on the loan, etc. by October 198, and issued it to the Defendant. In selling F building on September 199, 199, the Plaintiff prepared a detailed statement that adjusted all kinds of expenses from the sale price of the F building and delivered it to the Defendant.
The plaintiff and the defendant did not have money transactions after the sale and settlement of the F building.
2. The plaintiff and the defendant have affixed their seals to the manager of the D building and used them for the conclusion of the lease contract. Since the sale of F building, the plaintiff did not participate in the management of the D building at all, and the defendant had a building manager and made a lease contract using the seals assigned by the plaintiff.