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(영문) 서울고등법원 2018.11.23 2018나2020758
부당이득금
Text

1. Of the parts concerning the counterclaim against the judgment of the court of first instance, the following amounts shall exceed the amount ordered to be paid:

Reasons

1. The court of first instance dismissed the Plaintiff’s Defendants and the co-defendants of the first instance trial, and accepted the Defendants’ counterclaim claim against the Plaintiff.

In this regard, only the plaintiff appealed against the part of the first instance judgment regarding the counterclaim, and since the defendants added the conjunctive counterclaim claim to this court, the judgment of this court is limited to the defendants' primary counterclaim claim against the plaintiff and the preliminary counterclaim claim against the plaintiff.

2. 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 following additional construction contracts (hereinafter “each of the instant construction contracts”) with the Plaintiff regarding the instant business.

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. Rental apartment leased in the commercial system centered on the building, electricity, facility construction connection system of KRW 401,860,000,000 (Additional Tax Map) following the change in the 220,000,000 neighborhood living facilities on March 5, 2013, 2013 (Additional Tax Map) (Additional Tax Table) and the construction, electricity, facility construction connection system of KRW 1,860,00,000 (Additional Tax Table) due to the change in the 401, 402 neighborhood living facilities on November 22013, 2013.

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