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(영문) 서울고등법원 2017.09.28 2016나2090272
부당이득금
Text

1. The part of the judgment of the court of first instance against the Defendants shall be revoked, and the Plaintiffs corresponding to the above revoked part shall be the Defendants.

Reasons

1. Basic facts

A. The plaintiffs and the defendants are those engaged in timber business, etc., and E are real estate consulting companies.

B. 1) The 19 timber companies including the Plaintiffs and the Defendants (hereinafter “19 timber companies”) will award a contract for the construction site of a timber industrial complex and conclude a service contract.

) The Industrial Complex (hereinafter referred to as the “instant industrial complex”) is awarded a successful bid for the Seo-gu Incheon Metropolitan Government F or G.

To create, 10 companies such as steel manufacturers (hereinafter referred to as “10 other companies”) were recruited by E.

2) At a meeting on July 16, 2012, 2012, 50,000 won per square meter against the service cost for the creation of the industrial complex of this case, the said land was awarded in common with the said land. (2) At a meeting on July 16, 2012, 19 timber companies decided to issue a tax invoice only for the remainder of 50%, excluding advance 50%.

At the time, the Plaintiffs were present at the above meetings.

(3) Defendant C, the representative director, H Co., Ltd. (hereinafter “H”) according to the above resolution

B) On July 20, 2012, between E and E on behalf of the 19 timber companies, the Agreement on the Implementation of the Timber Complex Development Project for the Creation of the Industrial Complex (hereinafter referred to as the “instant Agreement”).

2) The Executive Agreement of the Timber Complex Development Project refers to the representative director C (hereinafter referred to as “A”) of the executive company for the convenience of this Agreement.

(A) and E (State) representative director I (hereinafter referred to as “B”)

The purpose of this Convention is to conclude an agreement on services for the implementation of development projects with respect to the whole land located in the Seo-gu Incheon Metropolitan City by designating “B” as an agent and complete the project with respect to the sale and transfer registration, land transaction permission, land division, and joint development of the project site. The name map of real estate (such as a lessee and a pre-leased lessee) is proceeding with “B”.

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