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(영문) 서울서부지방법원 2018.12.06 2017가합32145
부당이득금
Text

1. The Plaintiff:

A. Defendant C Co., Ltd. shall be annually from September 6, 2017 to December 12, 2017, as well as KRW 147,697,032.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter referred to as “Defendant B”) is a member of the Urban Environment Improvement Association (hereinafter referred to as “Inwards Association”). Nonparty B obtained authorization of the management and disposal plan on April 17, 2008 from the Yongsan-gu Office.

B. On October 7, 2008, Defendant B applied for the application for parcelling-out to the non-party partnership and received the allocation of 7 business facilities and apartment houses among the main complex buildings in Yongsan-gu Seoul Metropolitan Government located in Yongsan-gu, Seoul Metropolitan Government, which are expected to be newly constructed in accordance with the management and disposition plan (hereinafter “instant real estate”), among the main complex buildings in Yongsan-gu, Seoul Metropolitan Government.

C. Defendant B requested Defendant C (hereinafter “Defendant C”) to sell the instant real estate.

On April 24, 2009, the Plaintiff prepared a sales contract to purchase the instant real estate from Defendant B Co., Ltd. in total amount of KRW 547,801,00,000, and paid the sales price of KRW 273,900,50 in total and other expenses (hereinafter “instant other expenses”) to Defendant C as follows.

(1) The first vehicle of down payment on April 24, 2009: 27,390,050 won, and other expenses: 82,170,150 won: 22: 27,390,050 won for down payment on May 22, 2009.

E. After entering into a sales contract, the Plaintiff prepared a receipt stating that “I will confirm that the amount would be used for business promotion expenses, marketing, consulting/advertisement/personnel management, etc. in concluding a sales contract for the members of the association for the pertinent urban environmental improvement project” with respect to the instant other expenses.

F. Since then, on November 29, 2013, the non-party association obtained authorization for the modification of a management and disposal plan from the Yongsan-gu Office, and according to the revised management and disposal plan, Defendant B was entitled to allocate three officetelss and offices among the main complex buildings with the 112.82 square meters of underground floor sales facilities G, and three officetels and offices.

G. The Plaintiff’s instant case.

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