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(영문) 서울고등법원 2016.06.21 2015나13289
부당이득금
Text

1. All the plaintiff's claims extended in the appeal and trial of the plaintiff and the defendant are dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On October 9, 2012, the Defendant entered into a contract for public works and housing works with the Plaintiff on the following: “The instant land was subject to registration conversion on May 27, 2013 with the size of 1153 square meters for D forest land owned by the Plaintiff (hereinafter “instant land”) and was divided into 96 square meters for D forest land 96 square meters (attached Form 1) and 157 square meters for E forest land.” The Defendant entered into a contract for public works (hereinafter “contract for public works of this case”) with the Plaintiff on May 29, 2012, stating that “The instant land was subject to registration conversion on May 27, 2013, which is owned by the Plaintiff.”

(2) On November 23, 2012, the Defendant agreed between the Plaintiff and the Plaintiff to include expenses, such as construction, civil engineering, structure, electricity, gas, fire-fighting, water supply, artificial engineering, water supply, authorization and permission, all kinds of personal admission fees, etc., on the ground of the instant land (hereinafter “instant housing construction”) as the construction period from November 23, 2012 to January 15, 2013, and the construction cost of KRW 141,00,00 (including value-added tax) in the said contract amount.

(hereinafter “instant contract for housing construction”). On April 8, 2013, the Defendant agreed with the Plaintiff on April 8, 2013, to extend the completion date of the construction period of the instant housing construction to April 30, 2013.

B. Defendant’s civil engineering works, housing construction works, and additional construction works 1) around 2012, while undertaking the instant civil engineering works and housing construction works, the Defendant occupied the buildings indicated in Paragraph (2) of the same Table on the land indicated in the attached Table No. 1. 2) from around December 10, 2012 at the Plaintiff’s request.

C. The Defendant failed to complete the instant housing construction by April 30, 2013, which is the deadline for the completion of the agreement, and the instant housing construction was suspended around May 2013.

The plaintiff around May 24, 2013.

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