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(영문) 서울남부지방법원 2014.06.20 2013가합105176

부당이득금

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On June 22, 2010, when the land was co-owned and divided with the Defendants and F, G, and H shared with 1/6 shares, I was divided into 24,516 square meters in I salt farm, 38,967 square meters in J salt farm, and 10,580 square meters in K salt farm, and 13,936 square meters in K salt farm. On the same day, the 10,580 square meters in I salt farm were transferred to the Defendants, F, and G transferred to H the entire shares due to the division of co-owned property to H, and H was the sole owner. The J and K salt farm transferred 1/30 shares in each of the Defendants, F, and G transferred to H each one/30 shares due to the division of co-owned property.

L 203,163 square meters (hereinafter “M land”) were owned by the Defendants and F, G, and G 2,69.5/307,285 square meters. The land was divided into 12 land including L 8,675 square meters on December 2, 201.

B. Article 1 of the execution of each of the instant sales contracts

1. The Plaintiff A, the Defendant C, and D concluded a sales contract with the knowledge that the land of the subject matter of sale is a development permit area, and that the ownership on the registry is the Defendant C, D, and the said land is seized and the progress of auction is suspended until the beginning of March.

2. At the same time with the contract, a written consent to land use and a certificate of seal impression necessary for the application and approval for change of the above land use are liable to Defendant C and D, and provide the Plaintiff with the certificate.

§ 2. The location where the subject matter to be traded is indicated: 1,650 square meters among I in ignified City, 1,650 square meters among J, 3,300 square meters, and 1.32 billion won in total (3300 square meters in X 400,000).

§ 4. Method of payment of purchase price

1. The plaintiff A shall deposit KRW 150,000,000 on the date of the contract to the Deputy Law Office in Busancheon, and the remaining KRW 1170,000,000 shall be settled after being dispatched from the broad-scale mining area located within three weeks from the date of land transaction permission.

(Provided, That the acquisition period shall be limited to within six months from the date of the contract)

2. From April 3, 2010, the principal and interest for the intermediate payment of KRW 510 million out of the KRW 1.6 billion loaned by Defendant C and D at the Mayang Innyang Innyang Integrated Cooperative (hereinafter referred to as the “Innyang Integrated Cooperative”).