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(영문) 부산고등법원(창원) 2015.04.16 2013나4145

부당이득금반환

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff is a person who had worked as a regular manager in D Co., Ltd. (hereinafter “D”) from October 28, 2002 to October 15, 2012. Defendant B is the owner of 1/2 shares out of each land listed in attached Table 1 to 14 and the land listed in attached Table 15, and Defendant C is the owner of each land listed in attached Table 16 to 18 (hereinafter “instant land”).

B. On March 18, 2008, the Plaintiff purchased the land of this case from Defendant B in KRW 570,000,000 from March 18, 2008, and the down payment amount of KRW 123,00,000 and the intermediate payment of KRW 57,000 shall be paid at the time of the contract, and the remainder shall be determined at KRW 390,00,000 (the remainder payment is not specified in the contract).

2) The Plaintiff entered into a sales contract with the content of the contract (hereinafter “instant first sales contract”).

(2) As a matter of special agreement, the buyer and the buyer agreed to enter into a contract to use the above real estate as a place of business, including shipbuilding vessel/constition parts (including a factory). Upon the buyer’s request, the seller and the buyer agreed to register the transfer of the real estate after the designation of an industrial complex, and the seller shall not submit the documents and all documents to transfer the registration at the time of the buyer’s request and shall not terminate the contract. The buyer paid to the Defendant B the down payment of KRW 57,00,000 and intermediate payment of KRW 123,00,000,000 among the balance of October 20, 2008, and KRW 271,00,000,000 in total, KRW 57,000,000 (= KRW 123,000,0000,0000 and KRW 30,000,000).