(영문) 서울중앙지방법원 2020.07.15 2018가합6698

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(영문) 서울중앙지방법원 2020.07.15 2018가합6698

부당이득금반환 청구의 소

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. On March 2015, the Plaintiff, C, D, E, F, G, and H purchased six parcels of land, etc. including Pyeongtaek-si I, J, K, and H. Around March 2015, the sales contract for a considerable portion of the project site was already concluded prior to the preparation of the following joint project implementation agreement.

In order to newly construct and sell housing units, the following agreements for the execution of the joint project (hereinafter “instant project agreement”) were concluded, and the said investors, including the Plaintiff, appointed the Defendant as the executor of the instant project.

Joint Project Implementation Agreement

1. Business name: L;

2. Business site - Pyeongtaek-I/J (rental housing complex) - Pyeongtaek-K and six parcels (road access road to a complex);

3. Business size and use - Area of a rental housing complex: 7,566 square meters (2,289 square meters) - Access road area: 491 square meters (149 square meters) - Multi-household housing - 30 households of multi-household housing.

4. Use and disposal of developed real estate: Sale or lease of the real estate;

5. Period of agreement: Article 2 (Representative of Joint Project Undertakers) (1) The name of the representative of the Joint Project Undertakers, the location of the place of business, and the representative shall be as follows:

1. Name: B;

2. Principal office: Seocho-gu Seoul Metropolitan Government M.

3. Name of representative: N. (2) The representative shall represent each member and any third person to the joint project undertakers;

Provided, That this shall not apply where the representative is unable to exercise his/her rights due to bankruptcy, dissolution, dishonor, or other unavoidable reasons.

Article 3 (Members of Joint Project Undertakers) Members of the Joint Project Undertakers shall be as follows:

1. A;

2. C

3. Bankruptcy Bank D;

4. E.

5. F;

6. G.

(1) The ratio of contribution by constituent members of the main body of a joint project shall be as follows:

(Total Investment Amount of KRW 2,173,00,000)

1. A: 65.675%;

2. C: 7.921%

3. D: 7.921%