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(영문) 수원지방법원 2017.09.01 2016가합73210

부당이득금

Text

1. The Defendant: KRW 1,488,114,311 to the Plaintiff; and KRW 5% per annum from April 18, 2016 to September 1, 2017; and

Reasons

1. Basic facts

A. On September 15, 1999, the Defendant purchased 26 shares from AB in attached Schedules 1 through 7, and 1,586/7,930 shares in each land listed in attached Table 8, 8, 930 shares in the name of the Defendant. On July 16, 2002, the Defendant purchased 1,658.3/5,622 shares in each land listed in attached Tables 1 through 7, 1, 658.3/5, 622, shares in attached Tables 8 and 9, and registered the ownership transfer under the name of the Defendant with respect to each land listed in attached Tables 8 and 9.

B. On the other hand, around 200, the defendant applied for the establishment of a factory with respect to the portion of 29,752 square meters among each land listed in attached Table 10 through 14 adjacent to each land listed in attached Table 10 through 14 in the name of representative director AC, and obtained approval for the alteration of factory establishment that changes the name of the factory constructor to the defendant around June 2001, and obtained permission for the construction of a new factory from the Seongbuk market on February 28, 2002.

C. On December 22, 200, the Defendant, M, etc. established the Plaintiff, a company entrusted with the management of an industrial complex on each land, etc. listed in the separate sheet, and around April 2001, the Plaintiff designated the land of 208,632 square meters in the Dasung-si AD Man-si and the Gyeonggi-do Mayor, including each land listed in the separate sheet, as a local industrial complex, and applied for the designation of the Plaintiff as a development project operator, and the Plaintiff filed an application for the designation of the Plaintiff as a development project operator. Accordingly, the Composition market made up a recommendation to replace the Plaintiff as the operator of an industrial complex development project, on the ground that the Plaintiff cannot be deemed as the operator of the industrial complex development project.

Accordingly, the defendant around September 2001 designated a land of 208,632 square meters for AD as a local industrial complex to the mayor of the Sungsung-si and the Gyeonggi-do Governor, including each land indicated in the attached list.