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(영문) 서울중앙지방법원 2016.05.13 2015가합536495

부당이득금

Text

1. The defendant's remaining plaintiffs except the plaintiffs 1, 2, 52, 53, 55, 56, 74

A. Plaintiffs 16, 17, 23, 24, 26, 27, 28, and 29.

Reasons

1. The defendant's defense of this case is a defense to the effect that the plaintiffs' legal representative failed to obtain legitimate power of attorney from the plaintiffs 1, 2, 52, 53, 55, 56, 74, and 86, and thus the above plaintiffs' lawsuit is unlawful.

However, in addition to the contents of evidence No. 17-1 to No. 6, the above plaintiffs' right of attorney was granted to the plaintiffs' attorney. Thus, the above defendant's defense of safety is without merit.

(The Plaintiff’s attorney did not submit a copy of Plaintiff 53’s identification card, but the Plaintiffs’ attorney submitted a document with which Plaintiff 53’s seal attached to the delegation letter of lawsuit was affixed, and Plaintiff 53 was the same household as Plaintiff 52, and it is reasonable to deem that Plaintiff 53 was granted the power of attorney even for Plaintiff 53, as Plaintiff 52’s identification card was submitted).

A. The plaintiffs entered into a sales contract between December 2013 and August 2014 with respect to the 3th, 41 Dong, and 108 households on the ground of the land lot of 14,253 square meters A in Masung-si, the plaintiffs purchased each household unit (84 households) indicated in the column of the claim amount list (attached Form 2). (B) The defendant, as the executor of the new construction and sales of the instant canns, obtained the approval of the housing construction plan from the Sungsung-si market on August 19, 2013, contracted the construction of the instant canns to the Sung-si Construction Corporation, and completed the construction of the instant canns. On November 2014, 2014, the defendant completed the construction of the instant canns throughout the instant canns to promote the sale of the instant canns.