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(영문) 인천지방법원 2015.05.12 2014가합61131
부당이득금반환
Text

1. As to Defendant ENN Construction Co., Ltd., Defendant A’s 280,000,000 won and 250,000,000 won among them.

Reasons

1. Basic facts

(a) Status of the parties 1) D Co., Ltd. (hereinafter referred to as “D”);

) The F building on the ground of the Namdong-gu Incheon Metropolitan City E (hereinafter referred to as the “instant building”).

(2) the Defendant International Asset Trust Co., Ltd. (hereinafter “Defendant International Trust Co., Ltd.”) is the implementer of the new project, and is the Defendant International Trust Co., Ltd.

(2) On November 2, 2011, Defendant EN General Construction Co., Ltd. (hereinafter “Defendant ENN Construction”) entered into a contract with Defendant ENN General Construction Co., Ltd. to pay KRW 3.6 billion for the construction cost of the instant building from D. Accordingly, the Defendants entered into a contract with Defendant ENN General Construction Co., Ltd. (hereinafter “instant agency contract”).

its key

Details are as follows:

Section 1 (Purpose) The purpose of this Agreement is to clarify the scope of and responsibilities for the project (hereinafter referred to as "A") under the Act on Sale of Building Units (hereinafter referred to as the "Building Units Act"), the scope of and responsibilities for the project (hereinafter referred to as "A"), the plaintiff et al., the international trust (hereinafter referred to as "responding") and the agricultural cooperative (hereinafter referred to as "Korean agricultural cooperative") and to efficiently manage trust property and proceeds from sale, thereby protecting buyers and carrying out the project smoothly. Article 3 (Recoging and Work ① The operator of the project shall perform the following tasks as the operator of the project:

6. Delegation the receipt, management, and execution of business funds and proceeds from sale to Byung, and assistance in the performance thereof; 13. Responsibilities for the sale in lots, such as the conclusion of the sale in lots, the advertisement for sale in lots, and the public relations; 16. Electronic management of the current status of the sale in lots for the buyer and the buyer; 21. 3. Obligations to transfer all claims for the sale in lots related to the project to Byung.

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