logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.07.20 2016나2083144
부당이득금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The plaintiffs' preliminary claim part added at the trial.

Reasons

1. Basic facts

A. D’s position 1) D’s golf course development project (hereinafter “instant project”) is located on the size of 854,541 square meters F in Ansan-si.

The Plaintiff Company is an executor who promoted the golf course design service contract with D, and the Plaintiff Company is a company that entered into the golf course design service contract with D and the Plaintiff Company is a creditor of the loan against D. 2) The Defendant is the chairman of the instant committee composed of residents living in the vicinity of the instant project site promoted by D.

B. Around August 2008, the Plaintiff Company and D entered into a technical service agreement with the content of the golf course design service in the instant project site. D agreed that 30% of the design service cost of the Plaintiff at the time of concluding the contract, 30% of the intermediate payment, and 20% of the remainder of the intermediate payment at the time of completing the impact assessment, and 20% of the completion amount at the time of completing the project plan and the authorization of the implementation plan, respectively. (2) Plaintiff B lent KRW 500 million to D on November 8, 2010.

C. The Committee on D and this case agree with D in the construction project of golf courses that is created in D in the Filwon in Ansan-si in Gyeonggi-do, such as the conclusion of resident agreements between D and the Committee on this case as follows:

A-1) D contributes 1.248 billion won to the development of G at the same time as the seal of March 16, 2010 for the purpose of development of G, and this development fund includes the H provisional attachment termination cost of KRW 248,00,000,000. 2) D and the Committee of this case make efforts to resolve civil complaints between them for the purpose of mutual assistance and smooth progress of golf course development projects.

4) In the event of a shortage of groundwater and water pollution due to the development of golf courses, the wide-area water supply system is responsible and developed to install and develop new pipelines. 8) The distance between the housing and the golf course is not less than 200 meters in order to prevent the golf shotle accidents.

9. Golf course development works.

arrow