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(영문) 광주고등법원 2015.02.13 2014나2500

부당이득금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The status of the parties is that the plaintiff is the council of occupants' representatives comprised of 1,106 residents of the 14-dong, Gwangju Mine-gu (hereinafter "the apartment of this case"), and the defendant is the attorney-at-law.

B. After finding any defects in the construction, alteration construction, defective construction, etc. of the apartment of this case, the plaintiff entered into a contract of litigation delegation with the Korea Land and Housing Corporation (the title at that time is the Korea National Housing Corporation, but the Korea Land and Housing Corporation comprehensively succeeded to the rights and obligations of the Korea National Housing Corporation on October 1, 2009) which constructed and sold the apartment of this case, in order to claim damages in lieu of defect repair against the Korea Land and Housing Corporation (the title at that time was the Korea Land and Housing Corporation, and the Korea Land and Housing Corporation comprehensively succeeded to the rights and obligations of the Korea National Housing Corporation).

On July 6, 2004, the Plaintiff filed a lawsuit against the Korea Land and Housing Corporation for the payment of KRW 1,790,089,425 and damages incurred therefrom (No. 2004Gahap3853). On February 5, 2009, the said court rendered a judgment in favor of the Plaintiff that “the Korea Land and Housing Corporation shall pay the Plaintiff KRW 1,212,307,57 to the Plaintiff and the damages incurred therefrom, and shall be provisionally executed only KRW 1,00,00,000 out of the above amount.”

(hereinafter referred to as “related case”. Accordingly, on February 20, 2009, the Plaintiff received KRW 1 billion from the Korea Land and Housing Corporation as provisional payment, and paid KRW 301,558,590 among them (Costs 101,558,590,000,000,000 paid as provisional payment) to C.

The Korea Land and Housing Corporation appealed against the above judgment of the first instance court, and the appellate court, on September 15, 2010, substituted for the repair of defects that the plaintiff acquired from the sectional owners of the apartment in this case.