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(영문) 서울중앙지방법원 2015.01.16 2014나20225
구상금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 15, 1999, the Plaintiff, the Defendant, E, and F (hereinafter referred to as “co-owners”) purchased from H the building of 1/4 square meters in Nam-gu, Incheon (hereinafter referred to as “instant land”) and its ground, and completed the registration of ownership transfer as to each of 1/4 shares on the 19th day of the same month.

B. 1) The I Co., Ltd. (hereinafter “I”) as an executor.

on May 7, 2001, after obtaining a construction permit from the head of Nam-dong, Incheon, the head of the Gu of the Nam-gu, Incheon, to place an officetel on the land in this case, the same year.

6. On 19.19. Construction Co., Ltd., a contractor, entered into a contract for construction of officetels with the construction company (hereinafter referred to as “stel construction”).

2) Co-owners may sell the instant land to I on August 2001, and then sell the instant land to I on October 12 of the same year between I and I (hereinafter “instant project”).

c) 53 buyers includingO (hereinafter “sellers”) concluded a sales contract with I and paid the down payment from October 12, 2001 to November 30 of the same year.

2) However, upon the disputes between the co-owners and the delay in officetels construction due to the default of the sale contract, the buyers filed a lawsuit claiming return of unjust enrichment (the Incheon District Court 2006Gahap12073) with the purport that they would refund the down payment to the co-owners after cancelling the sale contract, and the co-owners would pay 428,15,054 won to the buyers jointly and severally, and in the lawsuit, May 3, 2007.

8.3. Finality: D.

E on February 22, 2008,000 won, February 22, 2008; and

3. 25.195,417,440 won, and F, the same year;

2. Each payment of KRW 100,000,000 was made on December 1, 22, 200, co-owners were jointly relieved of liability under the said decision of recommending reconciliation.

2 E is against the remaining co-owners.

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