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(영문) 수원지방법원안양지원 2017.11.17 2017가단5806

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. On March 20, 2006, the Plaintiff asserted with the Defendant entered into a construction contract with the content that the construction work for the construction work for the construction work for the construction work for the construction work for the land lot lot lot of 2,00,000 won, including KRW 4,50,000,000,000, and KRW 2,100,000,000,000,000 for the construction cost for the house room by deceiving the Plaintiff at his own discretion during the said new construction work process, or by constructing a defective construction work, etc., the Defendant acquired the construction cost of KRW 4,393,93,000,000,000,000,000 for the water supply cost, KRW 4,392,10,000,000,000,000 for the electricity supply cost, and KRW 2,301,270,000,000 for each of the above costs.

In addition, as the Defendant reported the above construction cost as KRW 50,40,000 in the public auction case of the Suwon District Court's Ansan Branch D with regard to the land owned by the Plaintiff and suffered damages equivalent to the above amount, the Defendant is obligated to pay the Plaintiff the above KRW 50,40,000,000 to the Plaintiff.

B. Based on the judgment, the contract for construction was concluded between the Plaintiff and the Defendant, and the Defendant reported the lien on the claim for construction price of KRW 50,400,000 to the parties, although there is no dispute between the parties, the evidence alone submitted by the Plaintiff was deceiving the Plaintiff.

It is not sufficient to recognize the fact that the defective construction work has been performed, the fact that the cause of the claim for the report of lien has been unrefilled, and there is no other evidence to prove it otherwise.

Therefore, the plaintiff's claim is without merit without further review.

2. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.