부당이득금등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a company that runs the housing construction business, the sales business, etc., and carries on the new construction business of collective housing in Pyeongtaek-gun, Changwon-gun, etc. (hereinafter “instant business”).
B. On March 24, 2014, the Plaintiff entered into an agreement with Defendant B and A on land use approval and land transfer without compensation (hereinafter “instant first agreement”). The main contents of the agreement are as follows.
1. A consent to land use is granted to Defendant B and A (hereinafter “B”) with respect to the part of subparagraph (a) (hereinafter “instant F land”) in the Pyeongtaek-gun F owned by the Plaintiff (hereinafter “A”) (hereinafter “instant F land”).
(단, 을은 위 토지 부분의 지목을‘대지’에서‘도로’로 바꾸는 것을 갑에게 요구할 수 없다). 2. 을은 평창군 G 중 갑이 8m 도로를 확보할 수 있도록 뾰족 튀어나온 부분(약 17㎡±1.65㎡, 이하‘이 사건 토지’라 한다)을 무상으로 양도한다.
3. A promise to deliver to A all documents relating to land to which B will be transferred without compensation by April 27, 2014, and A promises to provide for B’s consent to land use and any documents necessary for permission.
7. A 50 million won shall be paid to H when the PF occurs.
9. Provision lot number: It shall be transferred gratuitously on condition that consent to use land for I, J, K, and L is obtained;
C. On March 27, 2014, the Plaintiff entered into a sales contract for the instant land with Defendant B, a co-owned share holder (each share of 1/2). On the same day, the Plaintiff issued to Defendant D a written consent to the use of the instant land, and transferred KRW 50 million to Defendant D’s account on May 23, 2014.
On April 3, 2014, Defendant A completed the registration of ownership transfer in the name of the Plaintiff with respect to the shares of 17/480 square meters out of 17/480 square meters in total of 480 square meters in Gangseo-gun, Gangwon-do (hereinafter “Gangwon-gun”). On May 8, 2014, the Plaintiff is a trust of assets in Korea with respect to the said shares of 17/480 square meters.