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(영문) 대전지방법원 2019.03.27 2018나108290
부당이득금
Text

1. The plaintiff's appeal and the primary claim expanded by this court, and the preliminary claim added by this court.

Reasons

1. Facts of recognition;

A. On June 23, 2016, the Plaintiff and the Defendant concluded a contract for the construction of urban gas-using facilities (hereinafter “instant construction contract”) with the Plaintiff’s ownership to the Jung-gu Daejeon District Housing.

The main contents of the instant construction contract are as follows.

내용 금액 비고 공사비 250만 원 부가가치세 별도(10%) 계약금 중도금 배관공사 착공 시 잔금 250만 원 가스통입 시 완불 ◆ 공사금액내용(도시가스 사용시설 공사금액 견적서) ◆ 별도 시설 분담금, 인입공사 분담금, 수용가 분담금(도시가스사 청구 시 은행납부) 가스렌지 연결비 분배기 교체비 보일러 이설비 사도 공사비는 거리 측정 후 별도 지불함(1m당 20만 원)

B. On November 7, 2017, the Plaintiff paid the Defendant the construction cost of KRW 2.5 million and the construction cost of private roads of KRW 1.4 million.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 8, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion was known to the Defendant as the Defendant, and the Plaintiff concluded the instant construction contract with the intent to install gas pipes from the boundary of the Plaintiff’s land to the burner (boiler) with the cost of construction KRW 2.5 million.

However, in the course of the settlement of construction cost after completion of the construction, D, asserting that the narrow passage from Gap's own gate to the house entrance is "private road construction cost" and demanded an additional amount of KRW 1.4 million for private road construction cost, and the Plaintiff paid the above amount to use urban gas.

The plaintiff did not conclude a special agreement on the construction cost of the private road, there is no private road in the plaintiff's land, and the phrase on the construction cost of the private road under the construction contract is merely a uniform printing, and thus, although there is no validity, the defendant conspired with D, thereby unfairly deceiving the plaintiff, thereby acquiring the profit equivalent to the construction cost

In addition, the instant construction contract is null and void as it was concluded with unauthorized Agent D.

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