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(영문) 서울동부지방법원 2020.09.03 2019가단118389
건물명도(인도)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The defendant is a company established on March 15, 191 as its business purpose, such as housing construction and real estate construction, real estate rental and sale, operation of medical treatment and welfare facilities for the aged, etc.

나. 원고와 피고 회사의 대표이사인 C는 1989년경 서울 광진구 D외 2필지를 매수한 뒤 그 지상에 오피스텔을 신축ㆍ분양하는 사업을 공동으로 운영하기로 하고, 그 손익분배비율을 원고 3/4, C 1/4로 정하였다

(hereinafter “instant joint project”). C.

Therefore, the plaintiff and C made E-stock companies established by C around July 1989 to sell the above officetels on behalf of them, while the plaintiff and C ordered F-stock companies to construct the above officetels on November 1989.

In addition, in order to operate the instant joint business, the Plaintiff and C completed joint business registration on January 3, 1990 with respect to real estate sales and lease business, stating the trade name on January 3, 199 and the location of the place of business as “G” and “office H.

E. Since October 1993, the construction of the instant officetel was completed, and the aggregate building of the 4th and 11th above ground was completed, the Plaintiff and C completed the registration of preservation of ownership of Plaintiff 3/4 shares and C1/4 shares in each of the above officetels (hereinafter “the instant officetel”) on December 24, 1993.

F. Among them, the real estate in the attached list is registered in advance by the Plaintiff and C as the place of business of the above “G” and used as the sales office (hereinafter “instant No. H”), and the above No. H was used by dividing them into two parts, such as ①, ②, ③, ③, and ②, ②, and ②, ②, and ③, the part of the ship (a) connected in order to each point, and ③, ③, ④, ④, ⑤, ⑤, and ③ the parts on the ship connected to each point, and were used.

G. C filed a lawsuit claiming restitution of unjust enrichment against the Plaintiff on May 16, 2012, on the ground that the pertinent joint project was not properly distributed, under this Court Decision 2012Gahap1198.

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