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(영문) 서울중앙지방법원 2017.04.07 2015가합566625
부당이득금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 876,66,67,664 and KRW 738,54,484 from March 1, 2013 to April 1, 2017.

Reasons

1. Basic facts

A. 4 persons (V,W, X, and Y) holding the above IF and housing on the ground of Gangnam-gu Seoul, E, F, G, and H (hereinafter referred to as “instant land”) were selected from 8 persons holding the divided ownership (J, K, L, M, N,O, P, Q, Q, hereinafter referred to as “IF owners”) and the owner of the detached housing on the ground of Seoul, S, T, and U (hereinafter referred to as “instant land”) from Gangnam-gu, Seoul, and four persons (V,W, X, and Y) from the owner of the detached housing on the ground of the instant land (hereinafter referred to as “instant land”) and decided to construct AA building A (hereinafter referred to as “A Dong”) on the instant land as Si construction, and AA building B and B (hereinafter referred to as “instant building”).

(hereinafter referred to as “each building of this case”) A and B

On May 15, 200, the owner of the instant land and the instant land (hereinafter “all land owners”) filed an application for construction permission with the office of Gangnam-gu with the owner of each land as to the instant building and the owner of each land as to the instant building and the entire land owners as to the instant building B, and filed an application for construction permission with the office of Gangnam-gu with each building permit as to each of the instant building. On April 21, 2001 and August 17, 2001, the Z reported each construction commencement as the Si construction project.

C. On December 1, 2001, the entire land owners entered into a construction contract for the instant A and B building with the Z, and the Z renounces construction due to tax investigation, etc. around that time, the agreement between the Z and the construction area was reached. On February 19, 2002, the Plaintiff and the Plaintiff succeeded to the construction right and the right to sell the Z by concluding a new construction contract on February 19, 2002.

Accordingly, the Plaintiff reported the change of construction participants to the Gangnam-gu Office on April 2, 2002, and reconstructed 16 households on the land A and B of this case with a total of 32 households (A Dong 8 households, B 16 households) and recruited each household's club members in the form of sale and purchase of land shares and a contract for new construction of a building.

E. The plaintiff is each of the instant cases.

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