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(영문) 서울동부지방법원 2018.03.14 2015가합105030
부당이득금
Text

1. The Plaintiff (Counterclaim Defendant) is the Defendant (Counterclaim Plaintiff) Hyundai Industrial Development Co., Ltd. with KRW 835,798,262 and the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. The Plaintiff is the Housing Redevelopment Development and Improvement Project Association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to promote a housing redevelopment improvement project in the area of 2nd new town New Town (hereinafter “instant project”), which newly constructs apartment and welfare facilities on the ground of 58,429,80 square meters of land in Seongdong-gu, Seongdong-gu, Seoul Metropolitan Government.

B. The Defendants concluded the additional construction contract with the Plaintiff regarding the instant business (hereinafter “each of the instant construction contracts”) as follows:

The main construction contract related to the instant project was concluded on November 7, 2007 between the Defendant Hyundai Industries Development, ZS Construction, Large Forest Industry, Samsung C&T and the Plaintiff.

Development of the Hyundai Industry, Sept. 12, 2013, 201, 150,000,000 for the construction work cost as of the date when the contracting party enters into a contract (excluding surtax)

1. Construction work of installing a fire air exhauster;

2. Construction of partition partitions, transformers, electricity, and facility pipes due to an increase in the number of stores due to the determination of MD;

3. On March 5, 2013, 200, 3,150,000,000,000 (Additional Tax Map) for 1,20,000,00 neighborhood living facilities (Additional Tax Map) due to the construction, electricity, installation connection system of facilities and equipment transfer system (Additional Tax Table) due to the alteration of 401,402 neighborhood living facilities on November 22, 2013, and construction, electricity, installation, installation connection system of facilities and equipment transfer system (Additional Tax Table) was concluded on July 1, 2013; however, Defendant 1,20,000,00,000 (Additional Tax Table), which was the installation and extension of the additional construction, following the alteration of the installation standards for apartment facilities and the installation order of the above-mentioned construction project, was concluded on August 5, 2013; however, Defendant 21, 2015, which was the construction work order of Hyundai Development and Development.

928,490,00 general apartment buildings for sale in lots and construction works for the expansion of balconys and air-conditioning systems installed at 613,80,000 large forest industry 228,590,000 won.

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