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(영문) 서울중앙지방법원 2016.09.01 2015가합569723
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 207,670,000 as well as 15% per annum from November 18, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a non-corporate association established with the owner of land and buildings within the instant project zone and the persons who agreed to establish the Plaintiff as its members for the purpose of carrying out a housing reconstruction project (hereinafter “instant project”) on the land of 3,328m2 on the land of 10m2 and 3,328m2 (hereinafter “instant project”).

B. On September 17, 2014, the Plaintiff entered into a construction contract on the instant project with the Defendant (hereinafter “instant construction contract”) and the main contents are as follows.

1. Name of the project: A housing reconstruction project;

5. The method of business: The method of final equity holdings.

9. Payment of construction cost: The remaining project cost excluding relocation expenses, land and share purchase expenses at the time of lending the project cost, and the intermediate payment shall be paid to the defendant pursuant to Articles 7 and 22 of the terms and conditions of the construction contract and special agreements

Article 4 (Method of Implementation of Projects) (1) The Plaintiff provides the Defendant with the land necessary for the housing reconstruction project located in Da and 9 lots in Ansan-gu, Ansan-gu, and the Plaintiff’s association members. The construction contract amount shall be paid, and the Defendant shall construct the construction facilities on the land provided by the Plaintiff in accordance with the design documents and the contract approved by

In such cases, land provided to the defendant refers to land in a state where the plaintiff and its members secure ownership and right to use land, and it does not hinder the commencement of the defendant's construction work.

② The Plaintiff’s moving expenses shall be borrowed directly from the financial institution, and the Plaintiff’s business expenses shall be lent to the Plaintiff and the Plaintiff’s members through loans from the Defendant or financial institution.

In this case, the plaintiff and the plaintiff's members shall repay the principal and interest pursuant to Articles 15, 39 and 40.

Article 9 (Period of Construction) (1) The period of construction shall be the removal of obstacles to the project site and the completion of disposal of residues, and relevant Acts and subordinate statutes.

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