부당이득금반환
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be acknowledged after compiling evidence 1-1 to 3, Gap evidence 4, 5, Gap evidence 8-1, Eul evidence 1, and Eul evidence 1, by integrating the whole purport of the pleadings.
Attached Form
The respective real estate listed in the real estate list (hereinafter “each of the instant land”) was originally owned by the Plaintiff. Around February 2004, the Plaintiff entered into a contract for the construction of the construction of the “SP comprehensive construction company (hereinafter “SP comprehensive construction”) and SP comprehensive construction of the “SPteltel” on each of the instant land, 15th above ground and fourth underground floors below the construction period (hereinafter “new construction of this case”) and 29.7 billion won for the construction cost.
B. After that, on March 2004, E&P General Construction subcontracted to C the instant new construction cost of KRW 2,050,000,000 for earth and soil bags construction among the instant new construction works (hereinafter “instant subcontracted construction”). Around July 2004, the construction cost of KRW 115,00,000 was added.
C. Since March 2004, C performed the subcontracted construction of this case pursuant to the said subcontract. Since excavation of each of the instant lands from the ground surface to the 14m depth of underground 4 meters, and completion of the installation of the installation of the installation of the steel structure, etc. by assembling temporary materials, such as the H-type steel, steel materials, scrap jacks, etc. leased from each of the mining steel companies and Seocho Steel Co., Ltd., installed steel structures, etc., and installed steel re-containers.
Around August 4, 2004, the new construction works of this case, including the subcontracted construction of this case, were suspended due to the shortage of construction cost in the construction of the steel structure, etc.
E. In the voluntary auction procedure conducted upon the application of the mortgagee with respect to each of the instant lands, Defendant B awarded each of the instant lands in KRW 1,060,000,000, and paid in full the sale price on November 12, 2009.