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(영문) 대전지방법원 홍성지원 2017.04.20 2016가합292
부당이득금
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. The plaintiff's assertion

A. Chapter 1: Between June 2014 and October 2010, the Plaintiff and the designated parties entered into a contract with the Company I (hereinafter “I”) to perform part of the construction work (hereinafter “instant building”) which newly constructs a studio-type housing (hereinafter “instant building”) on the ground of the Pakistan-si J land owned by I (hereinafter “instant land”) as indicated in the attached Table 2, between the amount indicated in the “contract Amount” column of the attached Table 2, and between the Plaintiff and the designated parties pursuant to the agreement and the construction according to the terms and conditions of the contract, the construction was carried out at a rate equal to that indicated in the attached Table 2.

Since then, the Defendant Company agreed to settle the construction cost equivalent to the royalty rate to the Plaintiff and the designated parties after taking over the ownership of the instant land and the title of the owner of the instant building under new construction.

Therefore, the Defendant Company is obligated to pay each contract price to the Plaintiff and the Selection by multiplying the respective contract price by the base rate.

B. Chapter 2: Even if there was no express agreement between I and the defendant company, the plaintiff, and the designated parties based on the commercial customs, the defendant company which acquired the owner of the building of this case under the name of the owner of the building of this case is right to pay the construction price to the plaintiff and the designated parties according to the commercial customs.

Even according to this, the defendant company is obligated to pay each contract price to the plaintiff and the selected parties each amount indicated in the table "request amount" column of attached Form 2, multiplied by the base rate.

C. Chapter 3: The Defendant Company completed the remaining construction after acquiring the instant land and buildings, and subsequently sold them to the Korea Land and Housing Corporation and acquired unjust enrichment in an amount equivalent to one billion won.

Therefore, the Defendant Company is obligated to return each of the amounts stated in the “amount of claim” column in the attached Table 2. List to the Plaintiff who carried out construction of the instant building as unjust enrichment.

2. Determination: Ga. Ga.

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