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(영문) 서울중앙지방법원 2014.07.04 2013가합38003
부당이득금 반환
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The main points of the plaintiffs' assertion are as follows, even if the defendants purchased an unauthorized building in H, they are aware of the fact that it is not possible to guarantee the right to move into the apartment in the future, and have the plaintiffs acquire money by deceiving the plaintiffs, while they intend to make the plaintiffs obtain the right to move into the apartment if H is developed, they shall induce them to purchase the unauthorized building as follows, and receive the price and fees from the plaintiffs.

A around May 2003, the amount of temporary same use from the Plaintiff’s name No. 1 A 42-7, 29,000,000 I District No. 23-2, 23-2, and 3,000,000,000 I District No. 35-9, 27,000,000 around December 2003, 200, KRW 40,000 J District J District No. 30-27, 27,000,000 around 35-2,00,000,000 around 30-2,00,000,000 for each of the above plaintiffs’ intent to purchase, and each of the above amounts obtained by the Defendants from the Plaintiffs should be returned as unjust enrichment.

2. According to the overall purport of evidence Nos. 1, 2, and 4-2, 3, and 5-2, 6-6-2, 3, and 8 of evidence Nos. 1, 4-2, 5-2, 6-3, and 8, Defendant G used the position of the head of H self-governing Council; ② Defendant G received KRW 23 million from Plaintiff A and KRW 40 million from Plaintiff D as the purchase price for each unauthorized Building; on May 2003, Defendant G received KRW 50,000 from Plaintiff B as the purchase price for each Unauthorized Building; and on May 4, 2007, KRW 50,000 from the Plaintiff; KRW 50,000 from Apr. 30, 208; ③ Defendant E resided in the position of the president of H in 203, Plaintiff A, and each of the above households without permission.

However, even according to the plaintiffs' assertion of the intention to establish an association, the defendant G received a written waiver of rights from the previous owners and delivered it to the plaintiffs. The defendant G was issued with the certificate of confirmation of each head of the above household in the name of the defendant E, and if an apartment is newly constructed in the Ra of the Republic of Korea War,

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