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(영문) 서울고등법원 2016.09.01 2016나4510

부당이득반환 등

Text

1. The judgment of the first instance, including the amendments and additional claims of the Plaintiff at the trial court, shall be modified as follows.

Reasons

1. Basic facts

A. The conclusion of a contract for construction works for each mountain construction and the discontinuance of the instant construction works) each mountain construction company (hereinafter “each mountain construction”).

(1) On October 2, 2004, the land indicated in the separate sheet (hereinafter “instant land”) shall be the land.

3) On the ground of the first and seventh floors, the main apartment, etc. on the ground (hereinafter “instant building”).

(A) A new building permit (the content of a building permit was changed to the 1st basement and the 10th basement on July 11, 2005, and the new building was changed to the 1st basement and the 10th basement on March 6, 2014.

(1) Upon receipt of the order, the Corporation (hereinafter referred to as the “Industrial Complex”)

3) As to the construction of the instant building, the construction of the instant building (hereinafter “instant construction”).

(2) On February 16, 2005, the construction of this case was ordered to be subcontracted to the Plaintiff on the part of the structural construction of this case among the instant construction works, and on November 15, 2005, each of the instant construction works was ordered to contract the instant construction to Han Construction Co., Ltd. on March 6, 2007, and Han Construction Co., Ltd subcontracted the instant structural construction to the Plaintiff on the same day.

3) The Plaintiff discontinued the instant structural construction around June and July 2007. At the time of the suspension, the instant structural frame (refinite concrete) construction was completed, and a part of the retaining wall was installed despite the completion of most of the structural frame of the instant building. The construction of the first floor was completed, and most of the steel bars and finites of the 2nd floor columns, the third floor beams (the second floor roof slab) and the third floor slab bars (the second roof slab) were completed, but most of the steel bars and finites were completed, but no concrete building was built. (b) Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”) will acquire all of the instant construction project related to the construction of the instant building where a certain cause occurs while lending KRW 4 billion to each mountain construction on September 8, 2005.