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(영문) 서울북부지방법원 2016.02.03 2014가단130960

부당이득반환 등 청구의 소

Text

1. The plaintiff A, a corporation:

A. Defendant C shall be fully paid KRW 109,655,00 and its amount from September 3, 2015.

Reasons

1. Basic facts

A. On October 27, 2004, Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) received 17 households (101, 102, 103, 201, 202, 203, 204, 301, 303, 402, 403, 402, 403, 404, 404, 501, 501, 502, 503, 503, 503, 502, and 503, 200,000,000,000,000,000,000 won among the 19,000,000,000 won (hereinafter “instant apartment”), and sold the remainder of the purchase price to Plaintiff Co., Ltd., Ltd. (hereinafter “Plaintiff Co., Ltd.) in lieu of the purchase price, the remainder of the purchase price shall be offset by 5.5,5,500,0,0,00,00,00 million won.

B. On November 2, 2004, according to the above sales contract, the Plaintiff Company completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) with respect to the said 17 households of apartment buildings based on the trade reservation in E in the future.

C. On May 2, 2006, Plaintiff B delegated the disposal authority to the said apartment 17 households, and on May 2, 2006, Defendant C sold 10 households among them (Nos. 101, 102, 103, 201, 202, 203, 301, 303, 401, 403, and 403) to KRW 5.2 billion in total. On the same day of the down payment, Defendant C received KRW 390 million in the intermediate payment, KRW 310 million in the same month, and KRW 30 million in the intermediate payment, KRW 310 million in the same month, and KRW 4.5 billion in the remainder after the payment, and agreed to be separately paid KRW 300 million in incidental expenses other than the above down payment (hereinafter “instant resale agreement”).

Plaintiff

B, E.