부당이득금 반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. (1) The owners of land B and 27, Seoul Special Metropolitan City, including the Plaintiff, established a land-based partnership to remove existing houses on the above land and newly construct and sell apartment units on May 2006. (2) The land-based partnership and its members entered into a contract with the Defendant on April 30, 2008, setting the construction cost of new construction of apartment units on the above land (hereinafter “instant apartment units”) as KRW 12.7 billion (excluding value added tax). The Defendant completed the above construction work on September 30, 2009.
3) After the completion of the construction project, the Defendant filed a lawsuit against the members of the Seoul Central District Court (Seoul District Court 2010Gahap86780, Aug. 23, 2010, seeking the payment of the construction cost) under the Seoul Central District Court 2010Gahap86780. On November 10, 2011, the said court rendered a judgment that “the Defendant shall pay to the Defendant the amount of KRW 2,236,979,500 among the members of the Plaintiff, the Plaintiff among the members of the Plaintiff, and the C Branch Co., Ltd. and the remainder of the members of the Plaintiff shall jointly and severally pay the amount of KRW 2,126,54,00 and the damages for delay on each of the said amounts
(1) The instant judgment was rendered and the said judgment became final and conclusive on December 22, 201 (hereinafter referred to as “claim for Construction Work in the instant case”) (hereinafter referred to as “claim for Construction Work”).
B. B. B. On June 30, 2010, C Branch Co., Ltd. borrowed KRW 1.236 million each of the instant loans from Samsung Mutual Savings Bank, Samsung Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank,” “Seoul Mutual Savings Bank,” and “Seoul Mutual Savings Bank,” and collectively referred to as “the instant lender,” and the remainder of the Plaintiff, and the Defendant jointly and severally guaranteed the foregoing loan obligations. C Branch Co., Ltd. and the aforementioned members of the said Mutual Aid Association jointly and severally guaranteed the instant lender a notary public on a promissory note with No. 820,000, face value of KRW 3.5 billion.