(영문) 대구지방법원 2019.06.27 2017가합203569

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(영문) 대구지방법원 2019.06.27 2017가합203569

부당이득금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in housing construction and construction business. The Defendant is the owner of the instant land (hereinafter “the instant land”).

The Defendant carried out the new construction of the instant building on the instant land, but did not complete the construction on the instant land, and D Co., Ltd., the main inspector, completed the registration of ownership transfer on May 7, 2015 for the instant building on the ground of the sale by compulsory auction.

B. On December 22, 2015, the Plaintiff entered into a business agreement with the Defendant and E for the instant building construction project (hereinafter “instant project”) to ensure that the Defendant was able to complete the instant building by obtaining financing from E Co., Ltd. (hereinafter “E”).

C. On January 12, 2016, the Plaintiff and the Defendant (hereinafter referred to as the “instant contract”) concluded a joint agreement with the Plaintiff for the promotion of the instant project.

The objective of this Convention is to set forth the necessary matters between the Plaintiff and the Defendant in efficient implementation of the Project, as follows: Article 2(a) of the Act on Joint Project for the Construction of Daegu Officetels:

1. Location: Daegu-si Northern-gu C;

2. Area: 2,783 square meters (842 square meters);

5. Total floor area/number of floors: 40,860 square meters (12,360 square meters)/seven to seventeen stories underground.

6. Use: Officetel 492 rooms, 3,513 square meters (28.4%) (2) The Project shall be promoted as development trust projects of E (hereinafter referred to as “trust”).

(3) The outline of this project may be changed in the future process of authorization, permission and project promotion.

Article 3 (Scope of Business) (1) The defendant's business is as follows:

1. The project agreement is concluded between the Plaintiff, the Defendant, and the trust company by investing the land related to the project and the building with respect to the discontinuance of the project in kind in the implementing corporation.

유사 판례

-서울중앙지방법원 2019.06.18 2018가단5187205

-서울남부지방법원 2016.10.27 2015가합106975

-광주고등법원 2019.08.23 2017나13051

-서울고등법원 2016.04.01 2015나2027635

-서울중앙지방법원 2016.06.23 2015가합560757