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(영문) 수원지방법원 2015.02.05 2012가합26841
부당이득금
Text

1. Defendant B’s KRW 63,526,352 as well as 5% per annum from January 17, 2013 to February 5, 2015, and the following.

Reasons

1. Basic facts

A. A. Around July 24, 1996, the Plaintiff was a juristic person established for the purpose of construction machinery facility business, etc., and on August 1, 1996, the business items were registered as wastewater treatment business, etc.) Defendant C purchased land in a G industrial complex developed in the Filday with G industrial complex with gold enterprisers, such as E, etc., and newly constructed a factory building on the ground, and each of the factories was divided into sectional ownership and agreed to operate the gold factory, and acquired the Plaintiff in the dormant.

(3) On August 7, 2003, the Plaintiff: (a) around 2003, the Plaintiff acquired his share in Defendant D’s name, and entered Defendant D in the register of shareholders; and (b) around 15,013m2 (hereinafter “instant factory site”).

(1) On April 9, 2007, the Governor of the Gyeonggi-do purchased Do and completed the registration of ownership transfer under his name. On January 5, 2007, after obtaining permission for the installation of wastewater discharge facilities from the Governor of the Gyeonggi-do, Defendant C’s joint wastewater treatment facilities, fire-fighting facilities, electric facilities, restaurants, etc. for the gold factories of the shareholders, including Defendant C (hereinafter “instant management Dong building”).

) A newly built and completed registration of ownership preservation on September 27, 2007 under its name. Since then, as the instant management building was converted into an aggregate building, the first floor reinforced concrete building I, 710.04m2 (hereinafter “instant wastewater treatment site”).

2) The lower court determined that the instant management office was a 3rd floor reinforced concrete building 172.44 square meters (hereinafter “instant management office”).

(4) The Plaintiff, in addition to the instant management building, was a total of 11 shareholders of the Plaintiff except the Defendant C (excluding the shareholders other than the Defendant C at the time; hereinafter “the shareholders other than the Defendant C”) of the other Plaintiff except the Defendant C, as well as one factory building for the Plaintiff’s shareholders other than the instant management building on June 16, 2010.

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