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(영문) 인천지방법원 2015.07.14 2015나52381
부당이득금반환
Text

1. Of Articles 1 and 2 of the judgment of the court of first instance, including the Plaintiff’s claim against the Defendants expanded in the trial.

Reasons

1. Facts of recognition;

A. Pyeongtaeksan Construction Co., Ltd. (hereinafter “Masan Construction”) promoted with the approval of the project on May 25, 1995 with respect to the construction project (including apartment 319 households, commercial building 13 households; hereinafter “the project of this case”) on the ground M apartment (including apartment 319 households, commercial building 13 households; hereinafter “the project of this case”) of the Nam-gu Incheon Metropolitan City Jan 11,057.5 square meters and K-gu 70.4 square meters (excluding 2,630 square meters and 12 square meters before the existing Nam-gu Incheon Metropolitan City L, Nam-gu, Incheon, 200; hereinafter “the land of this case”).

On June 16, 1995, the Plaintiff entered into a housing sale guarantee agreement with respect to the 319 apartment units except for the commercial buildings among the above businesses, with the content that, in the event that Pyeongtaek Construction fails to perform its duty to sell the above apartment units due to bankruptcy, etc., the Plaintiff would have the buyer bear the duty to sell the apartment units.

B. However, the Plaintiff, upon having defaulted on November 28, 1996, was obligated to perform the sale guarantee to apartment buyers pursuant to the housing sale guarantee contract, and when the Korea Mutual Saving and Finance Company, a mortgagee, applied for the voluntary auction of 2,630 square meters of land in Nam-gu Incheon Metropolitan City L prior to replotting, the Plaintiff acquired the ownership after being awarded a successful bid in the above voluntary auction procedure on September 10, 1998. The Plaintiff purchased the remaining land from around that time to May 27, 200 and acquired the ownership of all of the instant land.

C. The Plaintiff completed the construction on or around June 200 by concluding a contract for succession construction with Pung Industrial Co., Ltd. regarding apartment construction business among the instant business. Meanwhile, the buyers of commercial buildings constructed a commercial building on the instant land on their own under the instant business plan and completed the construction around that time.

(hereinafter referred to as the "commercial building of this case"). Thereafter, the prospective occupants of the apartment and the commercial building of this case constitute a council of occupants' representatives and the council of occupants' representatives, and apartment and the commercial building of this case.

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