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(영문) 부산지방법원 2015.02.11 2014가합40858
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole by taking account of the overall purport of the pleadings in each entry in Gap evidence Nos. 1 to 11, and Eul evidence Nos. 1 to 5.

On October 21, 2014, the Solo Savings Bank Co., Ltd. (formerly before the change: Busan Solomon Savings Bank; hereinafter referred to as the " Solo Savings Bank") was declared bankrupt by this court on October 21, 2014, and the defendant was appointed from the above court as the trustee in bankruptcy of Solo Savings Bank.

B. On September 21, 2007, the Solo Savings Bank extended KRW 1 billion to A, and completed the registration of creation of superficies with respect to the registration of creation of a superficies with the maximum debt amount of KRW 1.30 billion over the maximum debt amount of KRW 1.3 billion and its duration 30 billion over the private loan owned by the Solon&C Co., Ltd. (hereinafter “instant land”).

C. On October 17, 2007, the Ctel Co., Ltd. obtained the approval of land use from the Sodin Savings Bank, and obtained the building permission of the 2nd underground floor and the 9th ground floor Ctel on the instant land from the sodin Savings Bank (hereinafter “the instant officetel”). On July 22, 2008, D transferred the owner’s name to D, on December 17, 2008, the right to implement the instant construction project of the instant officetel, and D transferred the right to implement the instant construction project to the sodin Partnership Development Co., Ltd., Ltd., and D entered into a contract for the instant construction of the instant officetel with the KTN General Construction Co., Ltd. (hereinafter “KN”).

In order to perform the construction of the instant officetel under the aforesaid contract, the subcontract was entered into with E (trade name: F) and the part of the soil construction and household facilities construction (hereinafter “instant subcontracted construction”).

The Plaintiff is the owner of a total of 140.671 tons of the H of the steel of the provisional steel structure installed at the construction site of this case (hereinafter “the instant materials”), and is the E of the said F that implements the subcontracted construction of this case on March 23, 2009.

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