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의정부지방법원 2019.06.13 2018나213393

부당이득반환청구

Text

1. Of the judgment of the first instance, the part against the plaintiff ordering payment shall be revoked.

The defendant is about 10 million won to the plaintiff.

Reasons

1. Basic facts

A. 1) The status of party C Co., Ltd. (hereinafter “Nonindicted Company”)

A) A company established for the purpose of operating a sanatorium for older persons, etc., is a medical care center for older persons (hereinafter “instant medical care center E”) with the trade name of “E” from the building on the 1,916 square meters and above ground and the 4th floor on the 1st floor in Gyeyang-gu, Seoyang-gu, Busan Metropolitan City.

(B) The Medical Care Center for the Aged (hereinafter “instant Medical Care Center G”) is the name of “G” from the building of 1,922 square meters and 1,000 square meters and above ground and 4,000 square meters and 1,000 square meters

(2) The Plaintiff, who is the actual representative of the non-party company, operates the non-party company jointly with H, a representative in the name of the corporation and the wife. (2) The Plaintiff, as his spouse, was to purchase the medical care center 2 and E including the non-party company.

B. On August 2, 2017, the Plaintiff and I entered into a sales contract and a special agreement: (i) the non-party company and ① the non-party company’s 98% of the shares of the non-party company; (ii) the operation right of the medical care center E (including a participant, facility, house, etc.); (iii) the site and buildings of the instant medical care center E; and (iv) the entire business license and licensed matters of the non-party company from the non-party company to the purchase price of KRW 5,381,00,000; and (ii) the down payment of KRW 490,000 was concluded on August 31, 201, with each of the payment of KRW 4,891,00 as the remainder on the contract date; (ii) the J and H entered into a sales contract on the site and the building of the instant medical care center to the Defendant and the non-party company; and (iii) the remainder of KRW 3,450,00,000.

3) In addition, at the same time, the Plaintiff purchased the purchase price of KRW 30,000,000 for the purchase price of KRW 120,000,000,000, which is the remainder of KRW 20,000 for the contract date, and the remainder of KRW 20,000,000 for each payment on August 21, 2017 (hereinafter “instant sales contract”).

(b).