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(영문) 부산지방법원 2018.02.22 2015나721
부당이득금
Text

1. The judgment of the first instance, including the participation of the Plaintiff’s succeeding intervenor in the trial, shall be amended as follows:

Reasons

1. Basic facts

A. The Plaintiff’s construction of the flower Complex C, D, and E (hereinafter “C, etc.”)

(2) On February 10, 2006, Dongam Construction Co., Ltd., Hosungsung, Hosungsung, Inc., and I CFF consulting and construction contracts on the instant construction contract (hereinafter “the instant construction contract”) are based on the following: (a) on February 10, 2006, the construction of the flower complex, which replaced the flower complex in Busan FFF GF GT and would be developed in the GF H in Busan.

(2) Article 7(3) of the instant construction contract provides that, in the event that three persons, such as C, etc. are unable to recruit the buyers of a vinyl house created by the said construction work, Dongam Construction Co., Ltd., may sell the said vinyl house in consultation with three persons, such as C, if the Plaintiff purchased the said construction contract from Dongam Construction Co., Ltd.

B. The Plaintiff and B entered into a sales contract for plastic houses (1) with the consent of three parties, including C, in accordance with the above agreement, to enter into a sales contract for plastic houses with the J on March 5, 2007, and the sales contract for plastic houses (3 complexes 16 and 17, respectively), and each plastic house sales contract between B and the above three complexes 24 and 25 on March 28, 2007 (hereinafter the above plastic houses are specified by stating only the number of houses.

(2) The above sales contract separately sets the rent for each of the above sales contracts, in addition to the sales price for each of the vinyls itself, the rent for each of the sales contracts is KRW 33,00,000, KRW 1500,000, and the rent for each of the lease deposits for the use of the pertinent site is KRW 1,50,000, annually, and the buyer has the ownership of each of the vinyls for five years. In addition, each of the above sales contracts sets the five-year period from March 28, 2007 to March 27, 2012 as to each of the above vinyls, the five-year period from March 23, 2011 to March 27, 2012, the Plaintiff re-sale the said vinyls for the use and profit-making period for the previous five-year period.

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