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(영문) 울산지방법원 2017.02.08 2015가합3385
부당이득금반환
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

On April 2009, C Co., Ltd. (hereinafter “C”) obtained a building permit for the first underground floor and the second 20th floor neighborhood living facilities and officetels (officetel 16 households, apartment house 63 households, etc.; hereinafter “instant building”) on the land outside Ulsan-dong, Ulsan-gu, and four lots of land except D around April 2009, and the construction of the instant building was carried out.

C On September 24, 2011, the sanitary equipment and gas construction related to the construction of the instant building was awarded to E (representative F) the price for KRW 752,00,000 for the construction of the instant building (excluding value-added tax) and on November 18, 201, the Plaintiff Corporation (hereinafter “Made Name”) awarded a contract for fire-fighting installation related to the construction of the instant building to the Mine Name Co., Ltd. (hereinafter “Made Name”) KRW 440,000 for the price for the construction of the instant building (excluding value-added tax).

On the other hand, the representative F established the Plaintiff Company A (hereinafter “A”) on January 19, 2012 and took office as the representative director, and the Plaintiff acquired all the claims and obligations related to all the projects and operation of E existing and existing construction and operation of E.

On April 20, 2012, the Defendant, the representative director of C, was established by G Co., Ltd. (hereinafter “G”) with the representative director, and on June 18, 2012, C’s construction business was divided and merged into G.

Accordingly, on July 28, 2012, the Plaintiffs entered into a re-contract with G to succeed to the original contract for construction works entered into with G as it is.

Plaintiff

A received a total of KRW 270 million from G in connection with the instant project, but the remainder of KRW 557,200,000 (including value-added tax) was not paid, and the Plaintiff’s name was not paid the construction cost of KRW 484,00,000 (including value-added tax).

C On November 22, 2013, the registration of preservation of ownership of the instant building on November 22, 2013 between the Defendant and the Defendant on the same day, including each real estate listed in the separate sheet among the instant buildings, Nos. 301, 202, 203, 205, 206, and 3rd floor neighborhood life of the third floor.

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