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(영문) 서울고등법원 2018.04.13 2017나2053249
부당이득금반환등
Text

1. Of the part against Defendant B in the judgment of the court of first instance, the following amount of money ordered to be paid shall be lost.

Reasons

1. The facts below the facts of recognition do not conflict between the parties, or are recognized by Gap's evidence of Nos. 1 to 5, 9, 10, 11, 16, 22, 28 (including the branch numbers; hereinafter the same shall apply), Eul's evidence of No. 21, as a whole, with the overall purport of the pleadings.

[1] The Plaintiff, as a stock company, carried out a business of constructing multi-family housing in the Filcheon-si F (hereinafter “instant multi-family housing business”).

The co-defendant C of the first instance trial (hereinafter referred to as “C”) was the actual representative of the Plaintiff and transferred the Plaintiff’s management rights and shares including the instant multi-family housing project to G Co., Ltd on March 5, 2013 while promoting the instant multi-family housing project.

On April 30, 2013, C entered into a business consulting service contract between the Plaintiff and the Plaintiff to receive KRW 2 billion of service cost.

In this contract, C concluded a sales contract on behalf of the Plaintiff with the land owner and transferred ownership, etc., to take charge of purchasing apartment site necessary for the instant apartment project.

On March 5, 2012, when Defendant D operated the Plaintiff, Defendant D entered into a service agreement between the Plaintiff and the Plaintiff to receive KRW 1 billion of service cost.

In this contract, Defendant D concluded a sales contract on behalf of the Plaintiff and agreed to take charge of purchasing apartment site necessary for the instant apartment project by transferring ownership.

C concluded the business consulting service contract with the Plaintiff, and Defendant D took charge of the purchase of the above apartment site from that time.

Co-Defendant E of the first instance trial performed the purchase of the above apartment site with the help of C and Defendant D, along with them.

[2] On behalf of the Plaintiff, C and Defendant D, the father of Defendant D on April 12, 2013, and part (5,95 square meters, 1,813 square meters, 1,813 square meters, and 2,185 square meters, and 5,995 square meters, 1,813 square meters, and 2,185 square meters) of the land owned by Defendant D and three other lots (hereinafter “Defendant B’s land”).

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