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Reasons
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(영문) 부산지방법원 2015.04.28 2014가단63298
개발비
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1. Defendant C’s KRW 10,000,000 and its amount are 5% per annum from November 30, 2010 to September 17, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is a management organization of A Commercial Building, an aggregate building located in Busan Northern-gu and three lots of land, and Defendant B is the owner of the above commercial building Nos. 2162, B178, B179, 102, 112, and 116 (hereinafter the above six stores referred to as “instant store”).

B. On November 16, 2010, Defendant C regularly kept KRW 10,000,000 to the Plaintiff, and prepared and issued a cash custody certificate (Evidence 7) stating that the repayment will be made by November 29, 2010.

[Ground of recognition] Facts without dispute, Gap evidence 7, Eul evidence 3 (including each number), the purport of the whole pleadings

2. Determination on the claim for development expenses (the defendant's claim against the defendant)

A. The Plaintiff’s assertion is the owner on the registry of the instant store, and the Defendant C is the joint investors in the instant store. The Defendants made a verbal agreement to pay the development expenses for the instant store, and even if not, as long as the development expenses were paid for the Defendants, the Defendants are obliged to pay KRW 62,150,000 for the unpaid development expenses for the instant store based on administrative management or unjust enrichment.

B. (1) As to whether there was a verbal agreement, it is insufficient to recognize that there was an agreement between the Plaintiff and the Defendants on the payment of development costs solely based on the descriptions of the evidence Nos. 3, 4, 8, 9, 10, 11 and the witness E and the testimony of the Plaintiff and the Defendants, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s above assertion is without merit.

(2) Next, there is insufficient evidence to acknowledge that the Plaintiff paid development costs on behalf of the Defendants with respect to the management of affairs or the assertion of unjust enrichment.

2. The Plaintiff

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