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(영문) 서울동부지방법원 2017.09.12 2016가단143995
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. From December 2012, the Plaintiff started construction of officetels in Gangdong-gu Seoul Metropolitan Government C, D, and E, and caused damage to the owners of B buildings located in the F or G located in the vicinity of the said construction site, such as dust or noise, or inconvenience to the said owners’ passage.

B. Accordingly, the defendant is a party to the jurisdiction of the Gu.

A civil petition on damage caused by the construction works described in the port was filed, and the plaintiff tried to coordinate with the defendant about the above compensation for damage.

C. On May 13, 2016, the Plaintiff purchased KRW 137,000,00 from H as “instant 723” among the B buildings (hereinafter “instant 723”) and agreed to pay KRW 124,00,000 on the contractual day and the balance of KRW 124,00,000 on June 17, 2016. D. After that, the Plaintiff paid KRW 40,00,000 to the Defendant with respect to the compensation for damages and withdrawal of civil petition, etc., the Plaintiff shall transfer the remainder of KRW 13,00,000 to the Defendant and paid KRW 27,00,00,000 to the Defendant under the instant agreement by transferring the right to enter in the instant attached Table 723 to the Defendant, and the Defendant paid the remainder of KRW 13,00,000 to the Defendant on June 20, 200.

(f) On the other hand, on May 28, 2016, the Plaintiff did not bring about a document that can transfer the right under the above sales contract, such as a sales contract, and the Defendant did not withdraw the above civil petition even after the formation of the instant agreement. [No evidence Nos. 1 through 3, Nos. 1, 2, and 5, based on recognition, are written and written.]

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