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(영문) 서울남부지방법원 2015.09.16 2014가단234166
부당이득금
Text

1. The Defendant shall pay to the Plaintiffs KRW 65,454,541 and interest rate of KRW 20% per annum from November 1, 2014 to the date of complete payment.

Reasons

1. Basic facts

A. On September 15, 201, the Plaintiffs concluded a contract for construction works with respect to the new construction of a multi-household house on the ground of 348.3 square meters in Yangcheon-gu Seoul Metropolitan Government (hereinafter “instant building”). On September 15, 2011, the Plaintiffs agreed on September 15, 201, the date of commencement, February 28, 201, the date of completion of the instant construction works, including value-added tax, to KRW 766,40,000, including value-added tax.

C It is impossible to become a sole contractor of the instant building due to the lack of registration of a comprehensive construction business by C. At C’s request, the Plaintiffs entered into a construction contract with the Defendant, a registered entity of the comprehensive construction business on November 18, 201 (However, the completion date of the construction project is changed to March 20, 2012), and C entered into a new construction contract with the same content as the Defendant.

B. The instant building is a building with a total of 15 households on the 2, 3, and 4 floors each of 4 households and 5 floors, and the area of the section for exclusive use by each household is 29.74 square meters or 29.525 square meters, 30.52 square meters, 38.0925 square meters, and 61.8 square meters.

C. As indicated in the table below, the Plaintiffs paid KRW 718,359,800 in total to the Defendant regarding the tax invoice issued by the Defendant from around December 31, 201 to around August 1, 2012 as follows:

On December 31, 2011, 201,818,181 20,181,20,181,221,221,99, 99, March 31, 2012, 287,272,727, 2827, 2727, 273316,000,000, July 12, 2012, 909,0909, 909, 910, 910,000,00,00 for evidence Nos. 74,545, 4547, 5464, 862,00, 654, 5254, 654, 65259, 9749, 979, 979, 100, Gap evidence No. 971-194, 200

2. The assertion and judgment

가. 관련 법령 ▣ 주택법 제2조[정의] 이 법에서 사용하는 용어의 뜻은 다음과 같다.

3. The term "national housing" means housing constructed or improved under a support of funds from the National Housing Fund referred to in Article 60, the area of which is used exclusively for the residential purpose (hereinafter referred to as "exclusive residential area") of which is 85 square meters per family or household;

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