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(영문) 서울중앙지방법원 2014.05.23 2012가합21411
부당이득금반환 등
Text

1. As to the land indicated in the separate sheet Nos. 1, 2, and 3 to Nonparty D (E, Chungcheongnambuk-gun F)

A. Defendant B: each.

Reasons

1. The plaintiff's ground for claim

A. On May 200, AE Co., Ltd. (hereinafter “AE”) (hereinafter “AE”) did not have any title to seek reimbursement for resettlement, etc. against the Plaintiff while running the housing reconstruction project in Seocheon-gu AF region, Seocheon-gu, Seocheon-gu, Seoul, and filed a lawsuit against the Plaintiff in collusion with AG, the chief director of the Plaintiff at the time, and did not raise an objection to the compulsory adjustment order stating that “the Plaintiff shall pay KRW 1,860,946,000 to AE” in the said lawsuit. Accordingly, the Plaintiff suffered damages equivalent to the same amount by paying KRW 1,860,946,00 to AE around 204.

B. In addition, around May 2006, AE received 250,882,060 won from the Korea National Housing Corporation (current name was changed to the Korea National Housing Corporation; hereinafter “Korea Housing Corporation”) which is the implementer of the small-gu Seoul Special Metropolitan City Housing Development Project.

C. Therefore, the Plaintiff holds a claim of KRW 2,111,828,060 (hereinafter “each of the instant lands”) against AE with a total amount of KRW 2,111,828,060 (the claim of KRW 1,860,946,00) and AE has a claim of KRW 250,882,060 for restitution of unjust enrichment. Meanwhile, AE has a claim of KRW 11 billion against Puju Development Co., Ltd. (hereinafter “Puju Development”), and Puju Development has a claim of ownership transfer registration and provisional registration (hereinafter “each of the instant lands”) as stated in the order and purport of each of the instant lands, and D, etc. has a claim of cancellation registration against the Defendants by subrogation of AE, Puju Development, and D in order to preserve the above claim of damages and unjust enrichment against AE.

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