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(영문) 청주지방법원 2018.04.11 2017가합202613
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Defendant (formerly: Newly Inserted by Act No. 23 persons, including himself/herself, etc. (hereinafter “Defendant, etc.”)

(C) 84,181m2 (hereinafter “instant project site”) on the land of 33 lots in the B-W-si, Chungcheongnam-do.

42 apartment buildings in the instant area after purchase (hereinafter “instant apartment buildings”)

2) The apartment complex of this case is called the apartment complex of this case, including the apartment complex of this case, which was originally 24 units, but was changed to 42 units, for convenience purposes. The development project to construct the apartment complex of this case (hereinafter “instant project”).

In order to implement each unit, not a single complex, 22 persons including A, etc. as a title trustee, were granted a farmland conversion permit or a forest land alteration permit from the name of the defendant et al. on or around February 2000, and around August 200, the construction permit for the apartment of this case was granted to the plaintiff (the changed company: Hoho Construction Co., Ltd.) on or around March 2002, the plaintiff succeeded to the status of the operator of the new apartment of this case and carried out the construction project of this case from the defendant et al., to supply the apartment of this case from the defendant et al., and entered into an individual construction contract with the defendant et al. on March 11, 2002. However, on March 11, 2002, the defendant and the defendant et al. entered into an agreement (hereinafter referred to as the "agreement of this case") with respect to the basic framework of the contract for the individual construction work with the defendant et al., the construction contractor paid KRW 2 billion.

Article 1 (Purpose of Contract and Project Execution Agreement) The plaintiff and the defendant enter into this Agreement for the smooth performance of the new apartment construction project in this case and enter into a new construction contract after the revision of the construction permit.

Article 2 (Construction Costs, etc.)

1.As to the contract for new construction works of apartments to be entered into after this Agreement.

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