(영문) 서울고등법원 2017.12.12 2017나2022771

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(영문) 서울고등법원 2017.12.12 2017나2022771

부당이득금

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1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The owners of IBL on the land in Gangnam-gu Seoul, E, F, G, and H (hereinafter “instant land”) are eight owners (K, O, J, L, M, N, P, Q, Q, hereinafter “IB owners”) and R, S, T, and U (hereinafter “V owners of single houses”; four owners of detached houses (V,W, X, Y; hereinafter “IB owners”) were removed from the said IBL and detached houses; and the instant land and BB building (hereinafter “the entire land of this case”) were reconstructed into the instant building A Dong and B Dong building (hereinafter “instant building”) and the said Adong building “the instant building A” and the said B Dong building “the instant building B” were reconstructed into the instant building (hereinafter “instant building”) and the instant building B”).

B. On May 15, 200, Igra owners of the instant building and owners of detached houses (hereinafter “all landowners”) filed an application for a construction permit with the owner of the instant building on eight owners of Igra and nine owners of V as to the instant building, and with respect to the instant building, 12 owners of the entire land as the owner of the building, and with the head of Gangnam-gu Office on June 21, 2000, after obtaining a construction permit for the instant building (A Dong and B Dong 16 households) from the head of Gangnam-gu Office, and on April 21, 2001 and August 17, 2001, respectively, filed a report on the commencement of the construction of the instant building as the contractor.

C. On December 1, 2001, the owners of the entire land entered into a construction contract with the Z on the A and B building of this case, and thereafter, the reconstruction project of this case was delayed due to the relocation expenses, settlement of shares, etc. between the Z and some Z owners of the Z, but the Z gave up construction due to the tax investigation, etc., and the Z and the construction division agreement was reached with the Z. On February 19, 2002, the Plaintiff and the Plaintiff succeeded to the construction right and the sales right of the Z.

Accordingly, the plaintiff is constructed at the Gangnam-gu Office around April 2, 2002 with the delegation of all landowners.

유사 판례

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-서울중앙지방법원 2017.04.07 2015가합566625

-서울중앙지방법원 2016.11.29 2016가단5073166