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(영문) 대구지방법원포항지원 2019.09.26 2018가합11003
부당이득금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The deceased A (hereinafter “the deceased”) died on August 18, 2018, regardless of whether before or after the death, received investments from investors and conducted the housing site development project for the development of forest land as a site for electric source. Around 2012, the Defendant was awarded a contract for water supply and drainage works from the deceased and was aware of the deceased and was paid.

B. Around 2014, the Deceased purchased a forest of 27,372 square meters, E forest of 12,228 square meters (hereinafter “D” and “E”) and promoted a project to develop the land as a electric source housing site (hereinafter “instant project”).

C. The Defendant, while participating in the instant project as an investor, shared 1/2 of the investment funds necessary for the instant project and shared 1/2 of the profits.

In addition, the Defendant, among the instant projects, intended to take charge of the construction work of supplying household water in D and E (hereinafter “instant water supply and sewerage construction work”). D.

On December 8, 2015, the Deceased remitted KRW 180,000,000 (hereinafter “the instant water supply and sewerage construction deposit”) to the Defendant with respect to the instant water supply and sewerage construction works, and the Defendant deposited KRW 430,000,000, in the F Office, the sum of the total amount of KRW 180,000,000,000, which was paid by the Deceased, as performance guarantee for the construction cost of the instant water supply and sewerage construction.

E. On December 10, 2015, the Defendant received 430,000,000 won, which was deposited as performance guarantee for the construction cost of the instant waterworks and sewerage from the F Office, as construction cost, and performed the instant waterworks and sewerage construction work.

F. On December 27, 2016, the Deceased’s commitment to the following contents (hereinafter “instant commitment”): The remainder of the fixed amount of KRW 470,000,000 (including loans): gold 200,000: 670,000,000 (including loans): Provided, That the tax shall be assessed against the Deceased’s share of KRW 2,00,000 per square year. The amount of tax shall be KRW 100,000 per square year. (total revenue: 400,000).

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