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(영문) 서울중앙지방법원 2018.05.31 2016가합574975

부당이득금

Text

1. The Defendant (Counterclaim Plaintiff) B and the Defendant C jointly share to the Plaintiff (Counterclaim Defendant) KRW 43,00,000,000, as well as with respect thereto.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

Facts of recognition

The following facts are not disputed between the parties, or each statement in Gap evidence Nos. 1 through 4, 6, 7, 9, 13, 14, 17, and Eul evidence Nos. 5, 6, and 7 (including each number), and the result of the on-site verification by this court, it may be acknowledged by considering the whole purport of the pleadings in the reply of the order to submit financial transaction information to the same branch of the Dr. Dr. 1, and contrary to the above, Eul evidence Nos. 4, 10 shall not be trusted, and each statement in Eul evidence Nos. 11, 12, and 17 shall not be contrary to the above recognition.

On January 2012, the Plaintiff and E accepted the agreement from the Defendants (hereinafter “the instant project”) that “the Plaintiff, E, and the Defendants purchased the land together with the Defendants, newly built three multi-family houses on the ground, and sell or lease the instant land and a new building on the said ground, and distribute the remainder of profits from deducting the land purchase cost and the cost for new construction of the relevant building from the leased land, and then distribute the remainder of profits from the purchase of the land and the cost for new construction of the relevant building.” However, the Plaintiff and E accepted the agreement to conduct the instant project (hereinafter “instant project”).

(hereinafter “instant agreement”). (b)

1) Defendant B’s agent and the Plaintiff and E’s agent, on February 2, 2012, as the Plaintiff and the Plaintiff, and the E’s agent, G 772.3 square meters (hereinafter “instant land”).

(B) The amount of KRW 1 billion (the contract amount of KRW 50 million shall be paid on the date of the contract, and the intermediate payment of KRW 50 million shall be paid on March 9, 2012, and the remainder of KRW 900 million shall be paid on April 2, 2012.

(2) On April 2, 2012, the outstanding payment date of the purchase price of the instant land, which the Plaintiff and E would share, was known to be KRW 1.130 million. (2) On April 2, 2012, the registration of the establishment of a neighboring mortgage with respect to the instant land was completed on April 2, 2012, which was the date of the remainder of the outstanding payment, with the amount of KRW 1.14 billion, and the Plaintiff and E out of the total amount of KRW 780,000,000,000,000 as collateral.