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(영문) 수원지방법원 2015.05.15 2014가단527709

부당이득금

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. (1) On November 26, 2012, Plaintiff A entered into a sales contract with Plaintiff B to sell the Plaintiff’s share of KRW 850,000,000,000 for KRW 850,000,000,000,000 for each of the Plaintiff’s shares of KRW 1/2,000 for each of the Plaintiff’s shares of KRW 1,881,00,000 for KRW 85,000,000 on the date of the contract; ② Plaintiff B sold Plaintiff B’s share of KRW 45,50,000 among the above land to the Defendant on the same day; KRW 88,000,000 for the remainder; KRW 45,000 on the day of contract; KRW 288,00,000 on March 29, 2013; and ③ Plaintiff B sold the intermediate payment to the Defendant on the same day; and KRW 2888,00,00,000,00 on the remainder.

(hereinafter referred to as the “instant contract” in the order of each of the above contracts (hereinafter referred to as the “instant contract”). B.

Meanwhile, at the time of entering into each of the instant contracts, the Plaintiffs agreed with the Defendant who entered into each of the above contracts to build waste disposal facilities and waste reduction facilities:

- This contract is conditional contract for development authorization and permission - upon the conclusion of this contract, the seller shall provide the buyer with all documents to the extent necessary for authorization and permission.

- The buyer must obtain the authorization within four months from the date of the conclusion of the contract, and the contract is null and void and the contract deposit shall be refunded within seven days from the date of the authorization.

C. However, the Defendant did not obtain the development authorization within four months from the date of conclusion of each contract of this case, and the development permission was granted due to the civil petition filing of neighboring residents.