부당이득금반환 등 청구의소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The facts below the basis of facts do not conflict between the parties, or may be admitted as a whole by considering the whole purport of the pleadings in Gap evidence Nos. 1, 2, 4, 6, 20, 33 and 5 (including each number).
The Plaintiff as a party shall be the Plaintiff’s implementer of a business (hereinafter “the instant building”) newly constructing and selling an officetel of 1,188.9 square meters (hereinafter “C land”) in Suwon-si, Suwon-si and D large 1,150.3 square meters (hereinafter “D land,” and combining the land C, “each of the instant land”). The Defendant is the implementer of the instant building, and the Defendant is an officetel of 65 households and four commercial buildings (101 buildings constructed on C land, with 65 households and four commercial buildings; 102 buildings constructed on D land, with 61 households and four commercial buildings; hereinafter “the instant building”; hereinafter “the instant officetel part” and “the instant commercial building” and “the instant commercial building”).
(b)Article 4(8) of the Agreement on the settlement of accounts for projects, etc.; Article 4(8) of the Affairs related to sale; 10 of the Establishment and Operation of Model Epis; 2) the management of contracts by buyers and the cooperation in occupancy; provided that Party A (Plaintiff) actively cooperate.
Article 6 (Contract Construction Costs) The contract construction costs shall be the sum of net contract construction costs and other construction costs, and the detailed standards shall be as follows:
1) Net contract construction costs shall be the total total floor area of the building multiplied by KRW 3,640,000 per square day (excluding value-added tax). 3) Other construction costs shall be the amount including the amount of construction/operation (excluding site rental fees), officetels advertising/public relations expenses, and officetels sales fees, and shall be KRW 4,927,320,00 (excluding value-added tax) in accordance with the following criteria:
(a) Expenses for advertisement of officetels: 1,250,000 won;
(b) Publicity expenses for neighborhood living facilities: 127,320,000 won;
(c) Model House Construction Costs: 1,440,000,000 won (including models, DNA, private persons, and fire insurance premiums).