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(영문) 수원지방법원 안양지원 2018.05.11 2017가합100210
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Plaintiff is a corporation established for the purpose of real estate sale and lease business, etc., and established a regional housing association for the land located in Yeongdeungpo-gu Seoul Metropolitan Government C (hereinafter “instant project site”), which was selected as an implementation agent from the relevant regional housing association, and tried to implement a development project for building 512 apartment units (hereinafter “instant project”). The Defendant is the Housing Redevelopment and Improvement Project Association which completed the registration of establishment on October 7, 2008 with the approval of establishment on October 21, 2008 to implement a housing redevelopment project for the housing redevelopment project for the land of 76,602 square meters including the instant project site.

On April 30, 2003, the Plaintiff entered into an implementation agency contract with the E-regional housing association (hereinafter “E-regional housing association”) to perform the instant project in the instant project site by proxy, such as recommendation of the contractor company, etc., purchase and sale of the site, affairs related to the purchase and sale of the site, affairs related to association members, authorization and permission affairs, etc.

On June 21, 2004, the Plaintiff, E Regional Housing Association, and F Co., Ltd. concluded a contract for private housing construction work with the E Regional Housing Association as the implementer and the contractor, the Plaintiff as the executing agent, and the F as the contractor.

(A) On November 18, 2004, the Plaintiff and E District Housing Association concluded a contract for removal works with the Plaintiff and E District Housing Association as a contractor for the construction of new apartment units of the E District Housing Association with the contract price of KRW 2,035,00,000 (including value-added tax) (in January 20, 2006, the contract price shall be increased to KRW 2,255,880,000), while G had the removal works with the part of the instant project site.

On the other hand, Hdong including the instant project site.

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