부당이득금반환 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The plaintiff between the non-party company and the defendant is a creditor of the non-party Cheongju Airport Management Corporation (hereinafter referred to as the "non-party company"). On February 1, 2012, the non-party company entered into a contract with the defendant to purchase the right to operate the airport and the incidental assets used for the operation of the airport from the defendant for the supply of Cheongju International Airport (hereinafter referred to as the "sale contract of this case"), and around that time, the non-party company paid the contract deposit amount of KRW 2.85 billion (the contract deposit amount of KRW 2.5 billion) to the defendant under the above sale contract.
[Contract for Sale of Right to Airport Operation of Cheongju International Airport] Seller: The defendant buyer: Article 3 (Object of Sale) of the non-party company. ① The seller sells the right to airport operation and incidental assets to airport operation to the buyer, and transfers the status of the operator of airport operation at the Cheongju Public Port.
Provided, That the ownership of the State-owned property and airport basic facilities in the fixed airport shall be reserved respectively by the State and the seller, and the details thereof shall be as specified in [7].
Article 5 (Airport Operating Period) (1) Buyers shall be 30 years from the date of commencement of airport operation unless otherwise adjusted or reduced pursuant to the provisions of this Agreement.
(2) The commencement date of airport operation shall be February 1, 2013, and may be adjusted under mutual agreement according to the time of purchaser’s acquisition of the airport operating certificate.
Article 6 (Sales Price and Excess Contribution) (1) In return for the transfer of the right to operate an airport, the buyer shall pay the sale price of KRW 25.5 billion to the seller as follows:
(Additional Tax Map, hereinafter the same as the same); 1. Payment: Payment in cash immediately on the date of conclusion of this contract of KRW 2.5 billion;
2. Balance: Payment in cash of 2.95 billion won until January 15, 2013: Provided, That where the commencement date of airport operation is changed under Article 5 (2), payment in cash shall be made 15 days prior to the commencement date of airport operation changed under Article 5 (2);