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1. The part against the defendant regarding the claim for return of unjust enrichment in the judgment of the first instance shall be revoked, and the revocation part shall be revoked.
Reasons
1. Basic facts
A. On December 19, 2015, the Seoul Dongdaemun-gu Housing Association (hereinafter “instant association”) entered into a joint project implementation agreement under which the sectional owners establish for reconstruction of the instant housing units for the purpose of reconstruction, Dongdaemun-gu and the E-Ground Cirresh Housing. On December 19, 2015, the Plaintiff provided the site of the said housing as a business site, and the Plaintiff newly constructed a main complex building (hereinafter “instant building”) on the said project site, the 16 households out of which supplied the instant apartment units to the members, and the remaining apartment units and non-business facilities including the instant real estate are to be appropriated for the construction cost, etc. paid by the Plaintiff by the Plaintiff (hereinafter “instant contract”).
B. On August 21, 2006, the Plaintiff contracted the instant construction to Z Co., Ltd., and terminated the contract. On February 21, 2008, the Plaintiff contracted the instant construction to AA on or around February 21, 2008, and the construction was discontinued, the Plaintiff contracted the instant construction to F Co., Ltd. (hereinafter “F”).
C. On September 28, 2012, G asserted that the instant construction was contracted on behalf of F, and around September 28, 2012, G claimed a lien while occupying part of the instant building, and the Plaintiff ceased the instant construction at that time. At that time, at that time, the construction was suspended, approximately KRW 95%.
On March 27, 2014, the registration of preservation of ownership was completed in the name of 18 persons under the name of the title holder of the building permit on March 27, 2014.
E. They filed a lawsuit against the 18 Plaintiff, as the Plaintiff’s creditor, seeking the implementation of the procedure for ownership transfer registration on the instant building due to the restoration of real name (Seoul Northern District Court Decision 2015Gahap26799, 2016Gahap25274) by subrogation of the Plaintiff (Seoul Northern District Court Decision 2015Gahap26799, 2016Gahap25274), and on April 27, 2017 and July 13, 2017