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(영문) 부산지방법원 동부지원 2018.04.24 2017가단209701
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. Of the costs of lawsuit, the part resulting from the participation.

Reasons

1. Basic facts

A. A Main Complex Building was completed around November 1995 in the underground floor located in Busan Shipping DaeguO, the aggregate building of the 21st floor above ground (hereinafter “instant building”), and the second floor above and the 21st floor above ground is subject to divided ownership.

The Plaintiff is a representative of apartment occupants on the 9th to 21st floor among the instant buildings, and the Defendant Atel Steering Committee is an organization composed of the representatives of officetels occupants on the 2th to 8th floor. Defendant A1 upper floor is a sectional owner of a commercial building on the 1st floor, and Defendant A1 upper floor shopping mall is an organization composed of sectional owners on the 1st floor.

Defendant N is a sectional owner of the second floor underground among the instant buildings.

B. On October 7, 2014, the Plaintiff and Defendant Atel Steering Committee, A1st floor shopping malls, A Underground1 floor shopping malls, etc. held a meeting on the management of the instant building and decided to promote the waterproof and design construction of rooftop waterproof and underground parking lot entrances (hereinafter “instant construction”).

C. After that, the Plaintiff publicly announced the tender of the instant construction project.

On November 27, 2014, the Plaintiff and the Defendants selected P Co., Ltd. (hereinafter “P”) as the contractor of the instant construction project.

However, on December 9, 2014, the Defendants notified the Plaintiff that the rooftop waterproof Construction could not proceed with the instant construction due to financial standing.

E. Nevertheless, around January 2, 2015, the Plaintiff entered into a contract with P to contract the instant construction with P to KRW 118,980,00 (i.e., KRW 107,980,00 for rooftop waterproof construction works) and paid KRW 35,694,000 as advance payment in P around January 16, 2015.

F. On April 27, 2015, the Plaintiff unilaterally suspended the instant construction work without any particular reason.

P asserts that the instant construction was completed on June 3, 2015, and the Plaintiff remainder against the Plaintiff by this Court No. 2015da206487.

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