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(영문) 전주지방법원군산지원 2020.10.08 2018가합50173
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Between the Plaintiff and the Defendant, the Plaintiff and the Defendant, either purchased the land directly rather than acquiring the unmanned telecom and newly constructed the building, and provided all goods, etc. necessary for its operation (hereinafter “instant unmanned telecom”). Around 2016, the Plaintiff proposed a new construction of the unmanned telecom (hereinafter “instant unmanned telecom”), which purchased the land as proposed by the Plaintiff, and thereafter, the Defendant decided to newly construct and operate the unmanned telecom, after purchasing the land as proposed by the Plaintiff.

B. The Plaintiff and the Defendant drafted a construction contract with the content as indicated below (hereinafter “instant contract”).

Indication of Real Estate in Building Contract

1. Cze 464.4 square meters in Gunsan-si;

2. 95 square meters on D roads;

3. Land purchase price of E large scale E: 900,000,000 won: 1,500,000,0000 won: The owner and the construction manager of the above real estate shall enter into a construction contract under mutual agreement between the Plaintiff and the Defendant. In the case of the above real estate construction, the Defendant shall pay the construction cost to the Plaintiff. The construction cost shall include all the goods necessary for the management of the conference, such as land registration cost, building preservation registration cost, signboard installation, home appliances, various kinds of bedclothess, and early goods.

The defect repair period after completion shall be one year (12 months).

The distribution and printing shall be made to the third floor of a building.

The commencement date of construction shall be from October 1, 2016 to March 31, 2017. Defendant (owner) Plaintiff (construction manager)

C. On June 16, 2016, the Defendant acquired the ownership of 464 square meters in Dosan-si, Dosan-si, on the grounds of sale and purchase, and on July 14, 2017, D large 95.4 square meters and C large 464.4 square meters in this land were merged.

The defendant is against F Co., Ltd. (hereinafter referred to as “F”).

On the land of this case, with respect to the construction work that newly constructs the unmanned telecom, a contract for construction work was concluded by setting the construction cost of KRW 1.3 billion (excluding surtax).

(e).

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