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(영문) 서울동부지방법원 2013.10.18 2012가합7074
부당이득금반환
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) shall be the defendant (Counterclaim plaintiff) on 264,276.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence 1 to 4, Gap evidence 8-1 to 18, Gap evidence 20, Gap evidence 21-5, Gap evidence 23, 24-1, 2, Eul evidence 33-2, Eul evidence 1 to 3, Eul evidence 1 to 5, and the whole purport of arguments.

On September 15, 2010, the Plaintiff entered into a contract between the Defendant and the Defendant with respect to the construction of urban residential housing and business facilities (hereinafter “instant D”) on the Nam-gu Incheon Metropolitan City ground D-type D-type D-type D-type D-type D-type D-type D-type D (hereinafter “instant D-type D-type”) and the construction period from September 15, 201 to February 25, 201, the contract amount of KRW 1,095,570,00 (the supply price of KRW 1,043,40,000, value added tax of KRW 52,170,000), and the contract amount of KRW 0.1% per day (hereinafter “instant contract”). Of the special terms and conditions set forth by the original Defendant at the time, the parts related to this case are as follows:

Special Pharmags

1. The ownership transfer key to the Plaintiff is the Nam-gu Incheon Metropolitan City C Project Site.

3. The defendant shall procure construction cost (3-400 million) and complete the responsibility, and the plaintiff shall pay the business profit of KRW 100 million separately in return.

4. The expenses (Won 41,010,929) the ownership of which was transferred to “E” shall be the F land and new building construction funds in the Nam-gu Incheon Metropolitan City.

6. The top priority payment shall be the construction cost after completion of the structural works.

8. Where the Defendant requests a pre-sale contract to raise construction funds during the construction process, the Plaintiff shall issue the sales contract after confirming the terms and conditions of the sales contract, the sale price, etc.

9. The remaining construction cost shall be the end date of settlement within two months from the completion date;

10. Building funds and other funds which have been suspended for not less than 10 days without good cause or which have been built before the completion of a 8th floor (including a piloti floor) structural works.

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