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(영문) 서울북부지방법원 2017.05.18 2015가합20821

부당이득금

Text

1. The plaintiffs' primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. 1) The Republic of Korea’s nationality D is the United States of America (hereinafter “U.S.”) at the age of 93 years of age on January 28, 2012.

) The deceased in California, and the deceased’s heir at the time of the death had five children as indicated in the following table. The deceased’s heir is a corporation established on January 17, 2001 by the Defendant I (Korean name: H: hereinafter referred to as “H”) for the following reasons: Plaintiff A (C) E (A) Plaintiff B (B) G (B) Plaintiff B (B) G (C) H (I) shares 3/132/132/132/132/132/132/132/132/132/132/132/132/132/132.

B. 1) The network D is composed of G as its agent on July 4, 201, and as its agent, J, and as between J, the network D is composed of 13,225 square meters out of K and six parcels owned by the network D (hereinafter “instant real estate”).

2) The sales contract for the sale of the purchase price in KRW 1,400,000 (hereinafter “instant sales contract”).

(2) A contract deposit was concluded, and an intermediate payment of KRW 350,000,000 and an intermediate payment of KRW 350,000 was agreed to receive KRW 700,000 on August 9, 201, and the remainder of KRW 700,000 on August 16, 2011, respectively. (2) Special terms attached to the instant contract are as follows:

1. A contract for a condition under which part of the area of K (7,313 square meters), L (1,482 square meters), M (3,186 square meters), N (120 square meters), O (364 square meters) and part of the area of 12,219 square meters, and part of the land excluded from permission for a factory site, total of 13,225 square meters in total, including 760 square meters in lots of land and part of 246 square meters in lots of land excluded from permission for a factory site;

2. Seller's duty (1) The seller agrees that the buyer directly pays the farmland diversion charges concerning the permission of land for factory and other unpaid charges, from among the down payment, to the Jin-Gun Office.

(2) A purchaser shall pay 10,000,000 won for Q 10 square meters of the land necessary for the expansion of access roads, which are the conditions of factory permission, to the Jin-gun in person, from among the down payment, and shall search for a written consent.

(3) A seller who directly pays the unpaid amount to a design office related to permission for factory sites by the time a sales contract is concluded.