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(영문) 서울고등법원 2016.11.04 2014나57466
부당이득금 등
Text

1. The plaintiff's primary claim and the preliminary claim that are changed in exchange in the trial are all dismissed.

2...

Reasons

1. Basic facts

A. 1 Construction of the instant building) The Plaintiff, the Defendant, and the Plaintiff’s female members C are the Yongsan-gu Seoul Metropolitan Government F, G, H, and I land (hereinafter collectively referred to as “instant land”), and if so named individually, they are the parcel number.

(2) On the ground of this case, the Plaintiff purchased and newly constructed a building on the ground, and then decided to conduct the sale or lease business. The Plaintiff stated the F land on December 18, 1986, the I land on June 9, 1987, and C land on December 22, 1986, the Defendant purchased shares of 20/110.1 shares out of H land on April 20, 1989, and completed the registration of ownership transfer at that time. 2) The Plaintiff and the Defendant and C prepared a partnership contract with the content that the Plaintiff will operate the new construction sale business at the location of the instant land on April 1989. The above partnership contract contains three persons investing one-third of each of them, and the joint representative shall be C, and the joint representative shall be C.

3) The Plaintiff, the Defendant, and C are buildings listed in attached Form 1 on the ground of the instant land (hereinafter “instant building”).

(2) On December 21, 1989, the Plaintiff newly built the instant building and obtained approval for use on December 21, 1989, and completed registration of ownership preservation at the rate of 1/3 shares on December 29, 1989, and registered as a rental business operator with the trade name of “J” as a joint representative at that time. (B) There was a dispute over the shares and construction cost of the instant building between the Plaintiff and the Defendant and C, and the Plaintiff filed a complaint with the Defendant by embezzlement, breach of trust, attempted fraud, forged private documents, or uttering of the said investigation documents, but the Plaintiff was not subject to disposition of non-prosecution on September 12, 1990.

2) Around December 23, 1993 when the Plaintiff was investigating by being aware of the fact in the above accusation case, an agreement was concluded between the Plaintiff and the Defendant and C as follows (hereinafter “instant agreement”).

(i)Agreements;

2. Details of agreement;

(a) Three parties (the plaintiff, C, and the defendant) shall own the land of this case and buildings on its ground, irrespective of the amount of investment (including intangible investments) so far.

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