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(영문) 수원지방법원성남지원 2016.12.15 2016가합200527

부당이득금

Text

1. The Defendant’s KRW 262,200,000 as well as 5% per annum from January 27, 2016 to December 15, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. C paid KRW 456,411,00 (the down payment amounting to KRW 91,282,00 on the date of conclusion of the contract, and the intermediate payment was paid KRW 91,282,00 as a loan by March 28, 2014; KRW 198,847,000 remaining amount was paid by October 10, 2014; the remainder of KRW 198,847,00 was paid by the National Housing Fund to be appropriated for the remainder of the sales price; and the remainder of KRW 75,000 was paid by the National Housing Fund (hereinafter “instant sales contract”).

B. C resells the instant apartment sales right to E, E resells, F, GHs, and I resells the instant apartment sales right to the Defendant in sequence.

C. On July 23, 2014, the Plaintiff concluded a resale contract (hereinafter “instant resale contract”) with respect to the instant apartment sales right with the Defendant, setting the sales price of KRW 262,220,00 (the sum totaling the down payment of KRW 91,282,00 in the instant sales contract, KRW 939,600 in balcony expansion, KRW 17,000 in the premium, KRW 262,221,60 in the premium and KRW 17,000 in the premium).

The Plaintiff paid KRW 30 million to the Defendant on the same day as the down payment of the instant resale contract, and paid KRW 232,220,000 for several occasions until August 25, 2014.

On April 20, 2015, the Plaintiff reselled the instant apartment sales right to J around April 20, 2015.

E. On September 2, 2014, the registration of ownership preservation was completed in the future of the SH on the instant apartment, and on October 20, 2014, the registration of ownership transfer was completed in C future on the grounds of the instant sales contract, and the registration of ownership transfer was completed in the J on April 27, 2015.

F. On October 29, 2015, SH Corporation: (a) for C, as to the instant sales contract.