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(영문) 대구지방법원 2015.12.10 2014가합4563

부당이득반환

Text

1. The Defendant’s KRW 35,130,575 as well as the Plaintiff’s annual rate of KRW 5% from May 30, 2014 to December 10, 2015.

Reasons

1. Basic facts

A. On March 25, 2002, Nonparty C and D entered into a sales contract (Evidence A No. 1) with respect to the purchase price of KRW 2,510,00,000 for Daegu Dong-gu E-gu, Daegu District Land and Housing Corporation (hereinafter “instant land”). The timing and method for the payment of the purchase price is as follows.

on March 25, 2002 208,330,000 208,300,330,330,3300,330,0001,874,970,11,5500 first intermediate payment on September 25, 2002, 324,528,030,528,5630,404,305,312,407,405,304,205,304, 205,304, 205, 204, 205, 204, 204, 205, 204, 205, 204, 205, 204, 205, 304, 205, 200, 712,382, 2700, 2700, 2004, 365, 2064

B. On August 26, 2002, C, through agent F, entered into a sales contract with the purchaser as to the right to sell one-half shares of the instant land (hereinafter “instant 1/2 shares”) with respect to the purchase price as “non-B et al.,” and with respect to the purchase price of KRW 1.520 million on the date of the contract, the intermediate payment of KRW 100 million on the date of the contract, the intermediate payment of KRW 200 million on September 10, 2002, the remainder of KRW 1220 million on September 18, 2002, and the remainder of KRW 1220 million on the purchase price (hereinafter “instant sales contract”).

C. On September 30, 2002, the Korea Land and Housing Corporation, C, and the Defendant drafted a contract for succession of rights and obligations between the Korea Land and Housing Corporation and C on March 25, 2002 that the Defendant succeeds to all rights and obligations under the contract between the Korea Land and Housing Corporation and C.

(hereinafter referred to as "the instant sales contract" with respect to the contractual relationship which has the status of purchaser for the Korea Land and Housing Corporation

D. As to the registration relation to the land of this case, D, the defendant raised objection from the Korea Land and Housing Corporation on May 27, 2004.