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(영문) 울산지방법원 2017.04.27 2016가합22727

부당이득금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Status 1 of the parties concerned is the H Housing Association (hereinafter “instant association”).

(2) On September 25, 2015, the Plaintiff was a regional housing association established to implement a new apartment construction project as a business site. The Plaintiff is a company that is engaged in real estate leasing business, sales business, etc., and vicariously performed a prop work (purchase) as to the business site of the association. (2) Defendant A is a Ulsan-gu J-gu, Ulsan-gu, Seoul-gu, 212 square meters (hereinafter “J land”); Defendant B is an apartment building No. 201 (hereinafter “201 apartment house”); Defendant C is an apartment building of 201 square meters of K apartment No. 201 (hereinafter “201 apartment”); Defendant D and Defendant E are the owners of land of 1/2 shares in each of M large 187 square meters (hereinafter “M land”); Defendant D and Defendant E are the owners of land of 196 square meters in each of M&187 square meters (hereinafter “N land”); and Defendant C is the owners of land of 191 square meters in each O (hereinafter “O”).

B. The Plaintiff purchased each real estate owned by the Defendants as listed below with Defendant 20, 100, 200, 300, 2000, 2000, 2000, 300, 2000, 200, 2000, 200, 2000, 200, 200, 300, 200, 200, 200, 200, 200, 200, 300, 200, 200, 200, 200, 200, 200, 200, 200, 200, 200, 200, 300, 60, 600, 60, 200, 300, 200, 300, 300, 200, 300.

3) Meanwhile, Article 6 of the first sales contract (a special agreement provides that a buyer shall not pay an intermediate payment and any balance to a seller within the time limit.