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(영문) 대구지방법원 2017.08.23 2016나310600
부당이득금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The plaintiff's assertion was organized as follows at the third date for pleading of this Court, and all other arguments were withdrawn.

Defendant B, around 2005, was a person who was the representative director of J, a corporation which promoted a reconstruction project (hereinafter “instant reconstruction project”) in the area of H forest located in Daegu Suwon-gu, Daegu-gu, and Defendant C was a director of K Co., Ltd (hereinafter “K”) who was seeking to participate in the project of the instant reconstruction project.

On July 2005, the Plaintiff and the Defendants concluded an agreement with the following terms and conditions (hereinafter “instant Plaintiff’s assertion agreement”).

If the Plaintiff bears the purchase price of 661m2, M forest and 590m2,520m2, and N forest and 2,520m2, as business promotion expenses, and the Defendants paid KRW 100,00,00 to the Defendants as business promotion expenses, the Defendants shall include the 661m2, Daegu-gu L forest and 661m2, M forest and 590m2 (hereinafter referred to as the “instant land”) among the land in the said 3 lots in the site of the instant reconstruction project in the site of the instant reconstruction project and implement the reconstruction project. When K is selected as a construction project of the instant reconstruction project, the Defendants shall return the real estate purchase price and business promotion expenses borne by the Plaintiff to the Plaintiff, and the ownership of the said M forest and 3 shall vest in the Plaintiff.

The plaintiff bears the total purchase price of KRW 656,990,00 in accordance with the agreement on the plaintiff's assertion of this case. The plaintiff paid KRW 30,000,000 on August 22, 2005, and KRW 20,000 on August 23, 2005, and KRW 50,000,000 on September 21, 2005, respectively.

However, the land of this case was not included in the site of the reconstruction project of this case, and J was not designated as the executor of the reconstruction project of this case, and K was not designated as the contractor of the reconstruction project of this case.

However, if K is selected as a contractor of the reconstruction project of this case among the plaintiff's assertion agreement of this case, business promotion expenses of KRW 100,000,000 shall be paid to the plaintiff.

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