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(영문) 울산지방법원 2017.10.19 2016가합574
부당이득금
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. Basic facts

A. The status of the parties 1) D Land Partitioning Association (hereinafter “D Association”)

(C) On March 10, 1993, the land readjustment project for Nowon-gu E members of Ulsan-gu, Ulsan-gu (hereinafter “instant land readjustment project”) is called “instant land readjustment project.”

(2) The Plaintiff was established for the purpose of this Act. (2) The Plaintiff is a real operator of F, Defendant B is a person who served as an auditor of D Union until July 1, 2004, and is a director since December 24, 2005, and Defendant C is the wife of Defendant B.

B. AD union entered into a contract for construction works with G Co., Ltd. (hereinafter “G”), around 2004, entered into a contract for construction works with G Co., Ltd. (hereinafter “B”) on several occasions, and entered into a contract for construction works on May 22, 2009, and concluded a contract for construction works with G Co., Ltd. (hereinafter “G”), and the contract amount of which was KRW 15,290,000 [the amount of the loan of KRW 9,16,000,000 for civil construction costs = KRW 6,124,00,000 for the loan of KRW 1,680,000 for the compensation cost of KRW 1,680,000 for the work cost of KRW 70,288,000 for the reserve fund of KRW 330,91,000 for farmland diversion charges of KRW 2,412,710,000 for the entire land substitution plan for G project.

C. The Plaintiff’s association entered into an agreement on the acquisition of land allotted by the authorities in recompense for development outlay was divided into four parcels, such as Jingte, Kingte, Lingte, and Mingtete, etc., after collecting 28,406m2 (hereinafter “instant land allotted by the authorities in recompense for development recompense for development recompense for development recompense for development recompense for development outlay”), which was received by G from DD as progress payment by G, and thereafter registering the land allotted by the authorities in recompense for development recompense for development recompense for development recompense for development outlay as its ownership

The Plaintiff paid KRW 5,00,000,000 out of KRW 12,508,925,419 of the purchase price in recompense for development outlay, and the remainder of KRW 7,508,925,419 shall be paid to G in lieu of G in accordance with the progress rate of G and construction.

D. Partnership shall be G.

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