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(영문) 수원지방법원성남지원 2016.06.30 2015가단219787
부당이득금
Text

1. The Defendant: (a) KRW 40 million to Plaintiff A; (b) KRW 10 million to Plaintiff B; and (c) each of them, from October 23, 2015 to June 2016.

Reasons

1. Basic facts

A. The Plaintiffs are the siblings.

The defendant is the child of the plaintiff B's wife, who is engaged in the construction business.

B. On January 13, 2011, Plaintiff B entered into a survey and design service and authorization and permission agency contract with the Defendant.

The content of the contract is that the Defendant completed the civil engineering survey and design and obtained the permission for the development of detached houses so that the Plaintiffs can newly construct detached houses on the 1,822m2m2 (hereinafter “instant land”) of Gwangju Special Metropolitan City, which is the Plaintiff B-owned.

C. The Defendant, on behalf of the Plaintiff B, filed a building report on the construction of the said detached house, and the said report was accepted on April 14, 201.

On the other hand, the acceptance of the report states that “if a commencement report is not made within one year after the construction report, the matters subject to authorization and permission shall be automatically revoked pursuant to Article 14 of the Building Act.”

Plaintiff

A entered into a construction contract with the Defendant on November 28, 2012 on the construction of housing on the instant land.

The construction period under the above contract is from November 28, 2012 to March 30, 2013, and the contract amount is KRW 75 million.

Plaintiff

A paid 40 million won to the Defendant on the same day.

E. However, since the construction report was not filed within one year from the date of the construction report at the time of the construction contract, the defendant was unable to perform the construction work, and the defendant did not proceed with the construction work thereafter.

F. Meanwhile, from January 21, 2013 to December 12, 2013, Plaintiff B remitted a total of KRW 64.7 million to the Defendant, KRW 5 million on January 21, 2013, ② KRW 28,000,000 on January 28, 2013, ③ KRW 5 million on February 27, 2013, ④ KRW 10 million on March 27, 2013, ⑤ KRW 2 million on July 19, 2013, KRW 6,4.7 million on September 11, 2013, KRW 27 million on September 23, 2013, KRW 300,000 on October 23, 2013, KRW 200,000 on August 14, 2013, KRW 300,000 on August 13, 2013

2. As to the plaintiff A's claim

A. The plaintiff A's assertion 1 of the parties concerned is well-grounded in administrative matters related to construction without the idea of new construction works.

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