손해배상
1.The judgment of the first instance shall be modified as follows:
The defendants are 711,890,000 won and this shall apply to each plaintiff.
1. Basic facts
A. The Plaintiff was awarded a successful bid of G 2,406.9m2 and D 332.6m2m2 (hereinafter “instant site”) in Gyeyang-si in the process of voluntary auction of real estate, and completed the registration of ownership transfer on September 27, 2001.
B. At the time of winning the above contract, Hyundai Construction Co., Ltd. (hereinafter “Modern Construction”) received a contract from the subordinate industry Co., Ltd. (hereinafter “Haddong Industry”) and newly constructed the instant building, such as the building indicated in the separate sheet, on the instant site.
C. On the basis of the ownership of the instant site, the Plaintiff filed a lawsuit seeking removal of the instant building, delivery of the instant site, and return of unjust enrichment equivalent to the rent for the instant site against the Defendant Union, which was an organization of the executory company, the construction company, the modern construction company, and the buyer of the instant site.
[The District Court 2002 Gohap765, 2002 Gohap5203(Consolidated)] D.
On December 24, 2003, the Suwon District Court rendered a ruling dismissing the claim for the removal of the building of this case, delivery of the site of this case and return of unjust enrichment equivalent to the rent thereof, for modern construction, and delivery of the site of this case at the same time with payment of progress payment and delay damages from the sub-industry, and for modern construction, and for the Defendant Union, the Court rendered a ruling dismissing the claim on the ground that the Defendant Union cannot be deemed to be in a position to legally and actually dispose of the building of this case. In the appellate court [Seoul High Court 2004Na7271, 7288 (Merger), Seoul High Court 2007], the Seoul High Court dismissed the appeal between the sub-industry and the Plaintiff on June 22, 2007, and ordered delivery of the site of this case without repayment by cancelling the first instance judgment only for modern construction, and the above judgment became final and conclusive on December 24, 2008.
[Supreme Court Decision 2007Da52706, 2007Da52713 (Joint, hereinafter referred to as "the case").