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(영문) 서울동부지방법원 2015.07.22 2013가합100543
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiffs 1) Plaintiff 1 through 3 are the Busan Savings Bank on August 16, 2012; the Busan Savings Bank on March 7, 2012; the Daejeon Mutual Savings Bank on March 7, 2012; and the Daejeon Mutual Savings Bank on March 7, 2012 (hereinafter “stock company”); and the said three savings banks are combined with the said three savings banks.

(2) On February 2, 2012, the said Plaintiffs were declared bankrupt on each of the instant savings banks, and the said Plaintiffs are some of the special purpose corporations (SPC) established by the management of the Busan Savings Bank Group by lending their friendship or names in order to carry out real estate enforcement projects while violating the Mutual Savings Banks Act.

B. Construction contract and completion 1) On April 29, 2005, the Defendant: (a) the Plaintiff’s event at the time of the Plaintiff on April 29, 2005 and the 531 and 70 lots of land (hereinafter “instant project site”).

3) The 15th apartment building of the 15th apartment building (hereinafter referred to as the “instant apartment building”).

167,074,914,000 won (excluding value-added tax, and after three times thereafter, the final contract amount shall be 167,074,914,000 won, including the contract amount related to the sale in lots) with respect to the newly-built project.

2) The contract for construction works (hereinafter referred to as the “instant contract”).

and the relevant contents are as follows.

Article 6 (3) Management of proceeds from sale in lots (for proceeds from sale in lots, the plaintiff's executor and hereinafter the same shall apply) for fairness in managing proceeds from sale.

"Department" is the defendant, et al.

(4) The timing of withdrawing sales revenue shall be agreed upon by “A” and “B” in consideration of the status of the operation of the fund.

(5) Revenues;

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