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(영문) 서울남부지방법원 2019.08.23 2018가합103755
부당이득반환 청구의 소
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2...

Reasons

1. Basic facts

A. 1) E Co., Ltd. (the representative F, Defendant B’s mother and Defendant C is F’s mother and Defendant C is F’s father.

A) D apartment constructed on the former Northern-gun G and H ground (hereinafter “instant apartment”).

(2) On June 26, 2003, the Plaintiff was a company established for the purpose of leasing a housing construction project and selling it in lots. On September 13, 2007, 2007, the Plaintiff purchased 283 households among 293 households of the instant apartment from the auction procedure and completed the registration of ownership transfer on the 17th of the same month.

3) On April 2012, the Plaintiff resumed the construction work on the instant apartment, which was interrupted for the Police Officer, and I Co., Ltd. (hereinafter “I”).

and J Co., Ltd. (hereinafter referred to as “J”).

(4) As part of the construction work of the instant apartment was awarded a contract from the Plaintiff, the Plaintiff agreed to pay the construction cost from the total construction cost, excluding the construction cost of the instant apartment owned by B from the total construction cost, and from the total construction cost of the household building, the interior waterproof, the installation of household interior walls, and the installation of tinstones, and the installation of tinstones from the main house, toilet, and port poles, the installation of a boiler, and the installation of electric and telecommunication facilities. The I and J continued to perform the said construction and completed the construction cost on October 10, 2012. (4) The Plaintiff agreed to pay the construction cost of the instant apartment owned by B from the total construction cost to the Plaintiff, excluding from the total construction cost of the building cost of the instant apartment owned by C, and Ma, N (2 Generation) (hereinafter “the instant apartment household”). In other words, I and J did not directly claim construction cost from the Plaintiff for the portion that the Plaintiff did not directly claim construction cost from the Plaintiff.

B. Defendant B purchased the instant apartment from an O Co., Ltd. on December 18, 2009 and purchased the instant apartment from Defendant B on December 18, 2009.

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