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(영문) 서울고등법원 2014.10.16 2013나50833
정산금 등
Text

1. Of the judgment of the court of first instance on the ground of the Plaintiff’s conjunctive claim against Defendant C and the appeal by Defendant C.

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the case is as follows: (a) the Plaintiffs entered into a partnership agreement with Defendant C to purchase land and buildings belonging to the Housing Redevelopment and Improvement Project Zone; and (b) to divide profits from resale on the ground that they expressed their intent by fraud; (c) even if not, upon the Plaintiffs’ termination notice, the partnership agreement was terminated pursuant to the partnership agreement, or the Defendants conspired to make joint investments with the Plaintiffs through administrative litigation, etc. against the Housing Redevelopment and Improvement Project Association; (d) the Defendants’ status as a partner apartment buyers under the management and disposal plan as to the ownership of an unauthorized building purchased through joint investments with the Plaintiffs as to the ownership of the land purchased through joint investments with the Plaintiffs as well as the settlement money received from the partnership project association in relation to the shares of the land purchased through the investment with the Plaintiffs was not distributed to the Plaintiffs; and (e) asserting that the Plaintiffs suffered losses, the Plaintiffs sought reimbursement of unjust enrichment and its delay damages from the cancellation of the partnership agreement with the Defendants; and (e) Defendant C is compensation for damages based on settlement or joint tort (preliminary damages) by the termination of the partnership agreement with the Defendants C and its delay damages.

The judgment of the court of first instance accepted some of the plaintiffs' claims for the settlement of accounts against the defendant C (46,993,529 won, 26,023,529 won, and damages for delay). The plaintiffs' primary claims against the defendants, the plaintiffs' other conjunctive claims against the defendant C, and the conjunctive claims against the defendant D were dismissed. Accordingly, the plaintiffs and the defendant C filed an appeal against the part against which they lost.

(b) the premised factual basis.

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