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Reasons
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(영문) 의정부지방법원 2018.08.16 2017가단115743
양수금
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1. The part of the claim for confirmation of the right to request deposit money against the defendant by an independent party intervenor shall be dismissed;

2. The plaintiff.

Reasons

Basic Facts

On June 1, 2002, D Co., Ltd. with the progress of the housing construction project, after obtaining the approval of the housing construction project plan from the Si of Gohap-si on the land outside E and four parcels of land (hereinafter “instant E-ri land”), promoted the project to newly build and sell an apartment house of 198 households on the ground of the instant E-ri land, and on April 10, 2003, D paid the Defendant totaling KRW 74,116,680, totaling KRW 24,616,680, and drainage extension charges to the Defendant.

D transferred the right to implement a multi-family housing project, including five parcels of land in the above Egye, to F Co., Ltd., and on June 12, 2013, the Egye market changed the business plan following the change of the above business entity.

On the other hand, on January 29, 2002, G Co., Ltd. (the change of name of H) promoted the business of newly constructing and selling apartment houses with 130 households on the ground of the land outside I and four parcels of land (hereinafter “instant I land”). On May 30, 2004, H Co., Ltd paid KRW 121,04,04,630, total of KRW 80,84,750, total of KRW 124,049,380, total of KRW 128,04,750, to the Defendant.

(2) The following facts are revealed: (a) The land of this case and the land of this case are combined; (b) the construction project of each of the above new apartment units is combined; (c) the project plan of this case is combined; (d) the project plan of this case is "project implementation right"; and (e) the project implementation right of this case is "the aggregate status of each of the above construction projects approved; (e) the project implementation right of this case is "the project implementation right of this case"; and (e) J Co., Ltd. (hereinafter referred to as the "J") will take over and promote the project of this case and acquire the right to implement the land of this case from F and H; and (e) the land of this case on January 22, 2005, the land of this case is subject to acquisition of the right to implement the project from F and H

2. 28. As to the above I land, each.

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