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(영문) 창원지방법원통영지원 2014.01.09 2013가합283
부당이득금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. Defendant B and E’s partnership business agreement and Plaintiff’s establishment 1) Defendant B and E invested various expenses at the ratio of 1/2 each around March 2004 to 1/2 of the project site of this case (hereinafter “instant project site”).

) New construction and sale of a house (hereinafter “instant project”)

)After doing so, a partnership business agreement (hereinafter referred to as the “instant partnership business agreement”) with the content that the remaining profits after deducting various expenses from the proceeds of sale shall be divided by one-half.

(2) Defendant B and E established the Plaintiff in order to promote the instant business on April 28, 2004. G as E’s wife, Defendant B’s wife, H as his wife, and Defendant B’s wife, as the Plaintiff’s director, and Defendant B’s auditor.

B. Defendant B and E purchased the instant project site with Defendant B’s funds, and Defendant B and E completed the registration of transfer of ownership in the Plaintiff’s name of 11,262 square meters of forest land among the instant project site, and 3,731 square meters of forest land in the Defendant’s name, the birth of Defendant B, who is the birth of the Defendant B, completed the registration of transfer of ownership in the name of the Plaintiff, Defendant C, E, etc. to obtain a housing site development permit. Meanwhile, Defendant B and E intended to newly construct the first 14 housing unit, but they partly changed the contents of the instant project by newly building ten housing units due to construction costs.

3) Accordingly, on October 5, 2005, the Plaintiff newly built the instant electric power resource housing (hereinafter “instant construction”) at KRW 975,000,000 for the construction cost to J on October 5, 2005.

(C) The Plaintiff agreed to pay a total of KRW 160,000,000 as a net profit of the civil construction construction cost, separate from the above construction cost, upon completion of the construction work. C. The Plaintiff was loaned KRW 1,260,000,000 from the K Bank for the purpose of raising funds for the instant construction project.

2. On the other hand, Defendant B and E have completed the instant construction project first.

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