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(영문) 의정부지방법원 2016.09.21 2015가합3034
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From January 7, 2012, in order to construct a new building (hereinafter “each of the instant buildings”) 40 households (hereinafter collectively referred to as “each of the instant buildings”) on the land outside C and nine parcels of land (hereinafter “each of the instant land”) in Chungcheongnam-si, Chungcheongnam-si (hereinafter “the instant land”). In order to purchase eight parcels of each of the instant land from D and to complete the instant building (hereinafter “the instant construction”) and to transfer the ownership of five households of each of the instant buildings (one of the households was the Defendant among the real estate), around February 2, 2012, between EF and E-do owners of the remaining parcels of land, and between EF and each of the instant buildings were purchased and paid ownership in lieu of the purchase price.

B. While borrowing KRW 300 million from D as construction cost and performing the instant construction, the non-party company: (a) completed the construction of the instant building by November 6, 2012, instead of receiving an investment of KRW 400 million from the Plaintiff, in order to raise funds for the shortage of funds; (b) decided to return the total amount of KRW 700 million including the investment amount, and (c) provided the Plaintiff as a security, and (d) concluded an investment contract with the effect that “if the construction is suspended for more than one month without any special reason, the company shall be liable for the suspension thereof and give up all rights and authorities without any consideration” (hereinafter “instant investment contract”). At that time, the non-party company received KRW 400 million through the Defendant, the Plaintiff’s seat, pursuant to the said investment contract.

C. On February 28, 2013, a non-party company received an investment of KRW 150,000 from G, and decided to return KRW 190,000,00 including the investment amount, after using it in completing the instant unit, e.g., (b) and e., a e., a e., a e., a

The non-party company until February 2013.

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