logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2014.09.17 2013나2017610
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The parties' assertion

A. The Plaintiff asserts as follows. (A) The Plaintiff, as the father of the Defendant or the Defendant, concluded a lease agreement on the land and building owned by the Defendant and operated a restaurant at a certain point, he first performed the construction of the land and building owned by the Defendant, which is necessary for the operation of a restaurant by taking into account KRW 635,270,31 of the total construction cost from October 2003 to October 1, 2003, namely, the construction of the land and building owned by the Defendant, namely, the interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior decoration and remodelling of the building on the ground, and the construction of landscaping from the entrance of the access road to the above site (hereinafter all the above land and building are turned into real estate, and all the above construction works are 95% or more of the total construction cost of this case).

However, after that, the Plaintiff and the Defendant did not enter into a lease agreement, etc. on the instant real estate.

B. Meanwhile, the Defendant and D asserted that they concluded a lease agreement on the instant real estate with C, not the Plaintiff, and that C had it performed the instant construction, but the Defendant and D did not have any contractual relationship with C.

Even if the Defendant and D entered into a contract with C to perform the instant construction, the expression of intent to waive the claim for expenses relating to the instant construction works is large amount of money to C, which is the mere one who introduced D the Plaintiff seeking to rent the instant real estate, and C only made documents that are different from the fact that C is a party to the contract with the content of performing the instant construction works, and thus, it constitutes a false declaration of intention under Article 108 of the Civil Act.

arrow