(영문) 대전지방법원 2020.12.09 2018가합106603

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(영문) 대전지방법원 2020.12.09 2018가합106603

부당이득금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is the owner of the Daejeon Jung-gu Seoul Special Metropolitan City Category 3,342 square meters [the land category was changed from “forest” to “building site”) (hereinafter “instant land”). The Plaintiff is the contractor who purchased a construction contract from E and F for the construction of a new construction of a 24 household “G” (hereinafter “instant building”) with the total size of 1st underground and 4th ground level on the instant land on the instant land from E and F, and E and F purchased the neighboring land, including the instant land, between E and the Defendant, and the sales contract is the contractor who signed a sales contract for the instant building to pay the sales price to the Plaintiff.

B. On December 27, 2014, the Plaintiff, Defendant, E, and F have agreed to the following terms and conditions arising out of a dispute regarding the instant construction project and the sale and purchase of the said land.

2. The Defendant currently owns 11 households (three households with loans of KRW 100 million, each of KRW 125 million) from among the instant building owned by the Defendant, as it is owned by the Defendant, and pays KRW 165,600,000 payable for construction costs, and KRW 424,378,000 payable for construction costs by January 20, 2015, and the shortage of construction costs shall be set at the order of bank claims subordinate to bank claims.

(A) The Defendant shall transfer the ownership of the land in Daejeon-gu I, J, K, L, M, and N to the Plaintiff and H designated by F and E, and the Defendant shall gratuitously use and manage the land of this case with the residents of the building of this case.

C. The Plaintiff, the Defendant, and H agree on December 27, 2014 below the same date.

A. Before 200:

1. Transfer of ownership by the Plaintiff and H as well as KRW 165,60,00 of the land price and KRW 424,378,00 of the amount payable for construction expenses, and KRW 589,78,00 of the amount payable until January 20, 2015, Jung-gu Daejeon, Daejeon, J, K, L, M, and N, which are owned by the Defendant, are transferred to the Plaintiff and H. At the same time, it shall be paid until January 20,

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