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(영문) 수원지방법원안산지원 2011.08.18 2011가합211
부당이득금반환 등
Text

1. Defendant H and I shall be jointly and severally liable to Plaintiff A for KRW 175,00,00,000, Plaintiff B, C, and D, respectively, KRW 58,33,33, and the Defendants.

Reasons

1. Determination as to the claim against Defendant E, F, and G

A. On September 21, 2006, the Plaintiffs and the Defendants owned on September 21, 2006, five parcels of land (hereinafter “instant land”) including J-based 249 square meters, K-based 2,667 square meters, L prior to L, 32 square meters, 154 square meters prior to M, 27 square meters, and N-based 27 square meters, etc.

(2) The Defendants purchased the instant land and newly built and sold commercial buildings, but all construction and administrative expenses necessary therefor are jointly and severally borne by the Defendants. (2) The Defendants began to build and sell a commercial building on the instant land on May 2008, and on the ground that the Plaintiff, on July 16, 2010, obtained development gains from the construction of a commercial building on the instant land to the Plaintiffs on July 16, 2010, the Defendants imposed development charges of KRW 119,347,980 under Article 15 of the Restitution of Development Gains Act and Article 19 of the Enforcement Decree of the same Act (hereinafter “relevant statutes”).

【Ground of Recognition】 Defendant E and G: Fact that there is no dispute against the Defendant F, the purport of the entire pleadings, and as to the purport of Defendant F: Confession (Article 150(3) of the Civil Procedure Act)

B. Accordingly, Defendant E, F, and G are jointly and severally liable to pay development charges of KRW 119,347,980 to the Plaintiffs and the amount equivalent to 20% interest per annum from February 23, 2011 to the date of complete payment, which is the day following the final delivery of the copy of the complaint of this case to the Defendants.

2. Determination as to the claim against Defendant H and I

A. On September 21, 2006, the plaintiffs asserted that they were to jointly purchase the land of this case and to jointly build and sell a new commercial building, and sold the land of this case to the defendants for KRW 1.3 billion. At the time, the defendants agreed to bear all of the construction and administrative expenses required for the above business. Thus, the defendants jointly and severally agreed to pay to the plaintiffs 3.5 million won of the unpaid purchase price and development charges imposed on the plaintiffs 119,347.

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