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(영문) 의정부지방법원고양지원 2019.06.14 2018가합75101

부당이득금

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. The Defendants, as of May 3, 2015, were divided into KRW 4,00 square meters of G forest in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul, into KRW 648 square meters of H forest in Gyeyang-gu, Seoyang-gu, Yangyang-gu, and KRW 22,841 square meters of I forest in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Yangyang-gu, Seoul, into KRW 7,229 square meters of I forest and KRW 15,612 square meters of M forest.

(hereinafter “each of the instant lands”) was jointly owned.

(A) No. 1-2, 3, 4. (2) J Co. (Representative Director K) (hereinafter “Nonindicted Co., Ltd.”) carried out the business of constructing and selling the entire house on each of the lands of this case (hereinafter “instant sales business”).

B. On August 8, 2015, Plaintiff A entered into a contract with the seller’s “Defendant” and the project implementer’s “non-party company” to purchase the “Ldong Housing” (232,200,000 square meters of land area, 56.75 square meters of land area, 83.95 square meters of building area) on each of the instant land (hereinafter “instant sales contract”). The main contents are as follows.

(A) From August 8, 2015 to August 10, 2015, Plaintiff A paid the down payment of KRW 50,000,000 to Defendant D in accordance with the instant sales contract (Evidence A 3-1), and Defendant D remitted the full purchase payment to Nonparty Company.

(1) The sales contract document No. 1-1. The seller: (1) the seller of the sales contract: (a) the buyer of the non-party company: (a) the buyer of the non-party company: (b) Article 1 (1) the total sale price: 232,200,000 won; (c) the down payment amount of KRW 50,000 (up to August 10, 2015); (d) the balance of KRW 182,200,000 (up to August 10, 2015); (c) the down payment and the intermediate payment; and (d) the balance shall not be paid without a passbook in the following account; and (c) the payment shall not be recognized if it is paid by any other means (hereinafter omitted): the account number: (O bank deposit: the defendant); and (d) Article 5 (4) of DD (Cancellation of Contracts); or (e) the contract is not fulfilled.