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(영문) 서울중앙지방법원 2018.09.14 2018가합504109
부당이득금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

In Seoul, Gangnam-gu, E, F, G, and H land (hereinafter “instant land”) and 8 owners of IBD (hereinafter “IB owners”) and 4 owners of detached houses on J, K, L, and M (hereinafter “B”) on each land (hereinafter “instant land”) were removed from the said IBD and detached houses, and the NBO and P (hereinafter “O”) were selected as the contractor for the instant reconstruction (hereinafter “instant reconstruction”) on the instant land.

On May 15, 200, IBD owners and single house owners (hereinafter “all land owners”) filed an application for a construction permit with IBD owners and nine owners of the instant O building, including R, and 12 owners of the instant P building, respectively. On June 21, 200, the Gangnam-gu Office obtained the construction permit for the instant O and P building from the head of Gangnam-gu Office, and filed a report on the commencement of each of the instant construction works with Q Q on April 21, 200 and August 17, 2001.

On December 1, 2001, the entire landowners entered into a new construction contract with Q and the instant O, and the instant building construction contract. After that, the reconstruction project in this case was delayed between Q and some IG owners due to relocation expenses, adjustment of shares, etc., and Q and Q were given up construction due to the tax investigation. As Q and Q were to waive construction, the agreement between Q and Q were reached between them, and the Defendant (the former trade name: S Co., Ltd.; hereinafter “Defendant”) entered into a new construction contract on February 19, 2002 and the Defendant succeeded to the construction right and the right to sell Q.

The defendant shall report the change of construction participants to the Gangnam-gu Office on April 2, 2002 with the delegation from the whole land owners on or around April 2, 2002, and reconstruct 32 households on the land of this case (O8 households, P16 households) and reconstruct 16 households on the land of this case.

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