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(영문) 수원지방법원성남지원 2019.11.12 2018가합410083

부당이득 반환청구

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff (the title before the change: C Regional Housing Association) is a multi-family housing construction project (hereinafter “instant project”) in the Jeju City D (hereinafter “instant project”).

In order to implement the project, the regional housing association established on October 24, 2017 is the regional housing association, and the defendant is the land in the separate sheet located in the project site from May 27, 2002 to the project site of this case (hereinafter “each land of this case”).

(2) On February 25, 2017, the Plaintiff entered into a contract with E Co., Ltd. (hereinafter “E”) that purchased the instant project site for the purpose of running the instant project prior to its establishment to transfer the right under the sales contract for the instant project site, which was concluded by E, and the Plaintiff is obligated to pay the purchase price to the Plaintiff.

B. Conclusion, etc. of a sales contract for each of the instant lands

1. Each land of this case with indication of real estate;

2.In the sale of the above real estate in Article 1 of the Terms and Conditions of the Contract, E will pay the sales amount as follows:

Sales proceeds:3.5 billion won: 3 billion won shall be paid and received at the time of a contract. The intermediate payment: 1.2 billion won shall be paid on August 25, 2008, and any balance: 2 billion won shall be paid on September 25, 2008.

Article 2 Upon receiving any balance of the purchase price, the defendant shall deliver all documents necessary for the registration of transfer of ownership to E and cooperate with the registration procedure, and the delivery date of the above real estate shall be August 30, 2009.

Special agreement terms: The name of the factory shall be liable to the defendant until June 30, 2009.

E shall refer to the implementation of the special agreement at the time of the designation of the above factory.

The defendant "E" refers to the commitment of the above matters.

1 E is a company running factory construction, housing construction and urban redevelopment project, etc., and from around 2007 to D in Gwangju City, it was promoting the purchase of a site for the implementation of the instant project. However, each of the instant land E on July 24, 2008 with the Defendant, who is the owner of each of the instant land within the instant project site.