부당이득금
1. The plaintiffs' claims against the defendant are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Facts of recognition;
A. On September 22, 2011, the Korea Land and Housing Corporation: (a) sold the instant land in KRW 1,372,760,000 to E (hereinafter “the instant land”); (b) at the time, E paid KRW 137,276,00 to the Korea Land and Housing Corporation; and (c) agreed to pay the remainder in installments as follows:
① Payment of KRW 205,984,00 for the first installment on March 22, 2012 ② Payment of KRW 205,900 for the second installment on September 22, 2012 ③ Payment of KRW 205,900,00 for the third installment on March 22, 2013 ④ Payment of KRW 205,900 for the fourth installment on September 22, 2013 ⑤ Payment of KRW 205,900 for the second installment on March 222, 2014 ⑤ Payment of KRW 205,90,000 for the second installment on March 25, 2014 ② Payment of KRW 60 for the sixth installment on September 22, 2014.
B. After that, as the Korea Land and Housing Corporation conducted a divisional survey on the instant land, the actual area of the instant land was confirmed as the area of 861.8 square meters (previous 865 square meters) and the final purchase price of the instant land converted as of December 31, 2013 is KRW 1,367,681,590.
C. On January 16, 2014, the Plaintiffs decided to purchase the instant land at KRW 1,372,760,000 for purchase price (purchase at the ratio of shares of Plaintiffs A, B 1/5, and C3/5) from E, and the Plaintiffs agreed to succeed to all rights and obligations of the Plaintiffs with respect to the Korea Housing Corporation in accordance with the above sales contract.
(hereinafter “instant sales contract”). D.
Before the Plaintiffs succeeded to the rights and obligations on the instant land, KRW 167,276,00 out of the purchase price ( principal KRW 137,276,000) was paid.
After the purchase of the instant land, the Plaintiffs paid KRW 1,430,978,730 in total as the purchase price to the Korea Land and Housing Corporation, ① KRW 30,00,00 on January 17, 2014, ② KRW 77,276,00 on the 23th of the same month, ③ KRW 122,426,730 on the 24th of the same month, ④ KRW 1,430,978,730 on the 27th of the same month.
(Payment of KRW 1,328,841,570 on the basis of principal).
On February 4, 2014, the Plaintiffs are Co., Ltd. F with the objective of real estate development and management business.