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(영문) 서울고등법원 2017.11.07 2017나2023866

부당이득금반환

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1. The plaintiffs' appeals and the claims added to the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "C Regional Partnership" in Section 9 of Section 5 of the first instance court's decision shall be dismissed as "C Regional Federation"; "No reason exists" in Section 3 of Section 7 of the first instance court's decision; and "the plaintiff A is in a partnership relationship with the defendant C Regional Federation" in Section 7 of the first instance court's decision; therefore, the plaintiff's damage claim against the above defendant is not a commercial claim, but a civil claim, and its extinctive prescription is ten years. However, as examined below, since the plaintiff A and the defendant C Regional Federation cannot be deemed to have a partnership relationship under the Civil Act, this part of the claim by the plaintiff A and the defendant C Regional Federation shall not be deemed to have a partnership relationship under the Civil Act, and this part of the judgment of the plaintiff A shall be cited as the reasons for the first instance court's decision, except for the part added to the decision on the claim added at the trial as described in Section 2 below.

2. Determination as to the claim added in the trial

A. The plaintiffs asserted that they are entitled to claim the following (i) or (ii) against the defendants.

1) The agreement entered into in the course of implementing the instant reconstruction project by the Plaintiffs, D reconstruction association, and Defendant C Regional Federation (the agreement dated June 11, 191, the agreement dated October 2, 1992, and the statement of execution as of July 24, 1993, etc.) is an agreement to jointly construct and sell the apartment in this case by means of investing land, labor, funds, etc., and to jointly sell the apartment in lots, and to distribute the remaining profits in proportion to the ratio of profits and losses, since the Plaintiffs, D reconstruction association, and Defendant C Regional Federation agreed to jointly implement the instant reconstruction project, as the agreement is to jointly implement the said reconstruction project.

B. The construction of completion of the defendant is the defendant through the agreement of August 24, 2001.