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(영문) 서울남부지방법원 2014.11.21 2013가단74107
부당이득금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff) 1.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of premise;

A. 1) B reconstruction housing association (hereinafter “association”) between the parties

) The Yangcheon-gu Seoul Metropolitan Government Construction of Petition (hereinafter referred to as “Building of Petition”) is a partnership established to reconstruct the Yangcheon-gu Seoul Metropolitan Government Ground B Apartment.

(2) The building project of the above apartment was subcontracted to E (F’s business operator; hereinafter “F”) during the rebuilding project of the above apartment. At the time, G Co., Ltd., a representative director of which was the Plaintiff, was sub-subcontracted with the above construction cost of KRW 370 million from F on May 8, 2006.

3) At the time of the said contract, the Mutual Association agreed to transfer ownership of 59 households out of reconstruction apartment units with respect to the payment of a part of the construction price to the petitioner construction at the time of the said contract. The Mutual Association agreed to F in sequence to the Plaintiff, and F agreed to transfer ownership over the payment of a part of the subcontracted or re-subcontracted construction price to the Plaintiff. (4) The Defendant is a company to which the contractor status of the said apartment reconstruction construction was succeeded from the petition construction.

B. The Plaintiff’s transfer of ownership, etc. 1) Pursuant to the above agreement, the Plaintiff’s ownership transfer, etc. between the partnership and the petitioner construction on May 3, 2006 and the reconstruction apartment No. 103-dong 402 (hereinafter “instant apartment”).

(2) On October 13, 2006, the Plaintiff entered into an apartment supply contract with the purchase price of KRW 239,000,000, and received the confirmation of the full payment of the purchase price from the partnership and the construction of the petition. (2) The Plaintiff filed an application for mediation against the association under Seoul Southern District Court 2009,6709, seeking the registration of ownership transfer of the apartment of this case. On December 11, 2009, the Plaintiff entered into an adjustment with the effect that “the partnership shall implement the procedure for the registration of ownership transfer on October 13, 2006 with respect to the apartment of this case to the Plaintiff.”

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