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(영문) 수원지방법원성남지원 2019.01.16 2017가단210104
부당이득금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 9,957,814 and as a result, from September 20, 2017 to January 16, 2019.

Reasons

1. A building owner (multi-household) GH building I (multi-household) on October 201, 2013.05.06.03 B on December 2013, 2013, BDH building Jdong (multi-household) on October 28, 2013, October 2014, 2014, CK HH building L (multi-household) on October 28, 2014, on October 2013, 2014, on June 27, 2014, on the date of approval for the use of the name of the building site (use) building on the date of commencement of the construction permit.

A. From May 2013, the Defendants completed the construction (hereinafter “instant construction”) with the construction permission for the construction of two multi-family houses and three multi-household houses (hereinafter collectively referred to as “instant buildings”) on the land outside Gwangju City D and four lots owned by the Defendants from around May 2013, and completed the said new construction as follows.

(E) The E and F made an investment in connection with the instant building construction in the name of the owner of a part of the building. (b)

However, the Plaintiff asserted that the Defendants and the Defendants agreed to conduct a partnership business agreement to sell new buildings and divide the proceeds therefrom after the construction of the instant case was conducted, and that the Defendants filed a lawsuit against the Defendants for other claim (such as Suwon District Court 2015Gahap204508) but was sentenced to the dismissal ruling on September 1, 2016. The Seoul High Court appealed as Seoul High Court 2016Na2063102, but dismissed the appeal on March 22, 2017, and the said judgment became final and conclusive.

[Reasons for Recognition] Each entry of Gap evidence Nos. 3, Eul evidence Nos. 1, 2, and 2 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion (1) The Plaintiff’s primary assertion is in the position of a so-called construction work as to the instant construction work, such as the progress and completion of the instant construction work, as the Plaintiff’s calculation

The Defendants and the Defendants promised to operate a business, and to distribute profits, and performed the role and duties of the Si corporation as above, but the Defendants were unlawfully paid the proceeds.

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