(영문) 서울남부지방법원 2020.10.13 2019가합110330

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(영문) 서울남부지방법원 2020.10.13 2019가합110330

부당이득금

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The E Co., Ltd. (hereinafter “E”) and F Co., Ltd. (hereinafter “F”) are the executor of the new construction of the Gangseo-gu Seoul Metropolitan Government G Building (hereinafter “instant building”), and they concluded a management and disposal trust contract with the Defendant, and entrusted the Defendant with the enforcement thereof.

B) On September 27, 2017, Plaintiff A entered into a contract with the Defendant to be supplied KRW 369,430,100 with respect to H among the instant building, and on June 3, 2019, Plaintiff B entered into a contract with the Defendant to be provided with KRW 372,834,100 for the instant building on September 28, 2017, and completed the registration of ownership transfer of the said store on June 5, 2019.

3) On October 17, 2017, Plaintiff C entered into a contract with the Defendant to be supplied KRW 369,430,100 with respect to J among the instant building, and completed the registration of the ownership transfer of the said store on June 3, 2019. (c) The second floor of the instant building is located outside the entire store and the outside side is a glass wall; the third floor is located outside the entire store and the outside part of the front side is not a glass wall, and some of the outside part of the building was installed outside of the store outside of the north side of the building, and there is a structure installed outside of the store outside of the north side of the building, and there is no dispute over the grounds for recognition, and a signboard cannot be installed (including numbers; hereinafter the same shall apply).

each entry or video, the whole purport of the pleading;

2. Although the plaintiffs' assertion and the defendant agreed that "the front part of which the bearing wall has not been constructed may be used as a glass wall, and the front part of which does not have any structure," at the time of concluding each of the contracts of this case, the contract of this case is incomplete, such as that the bearing wall and the structure are not fully used due to the construction of the bearing wall and the relevant part.

유사 판례

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