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(영문) 인천지방법원 2020.09.15 2019나67213

부당이득금

Text

All appeals filed by the Defendant-Counterclaim Plaintiff and the counterclaim claim filed by this court are dismissed.

Costs of appeal,

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

A. The network G (hereinafter “G”) is a sales contract between the network G and the Plaintiff for the purchase of land for livelihood countermeasures

On December 15, 2009, the Jung-gu Incheon Jung-gu J development project (hereinafter referred to as the “instant project”).

A) On August 9, 2012, a person selected as a person to be supplied with a site for countermeasures in the district. Around January 2007, he/she died on August 9, 2012, and his/her heir, Defendant C, D, E, and F, his/her spouse, Defendant C, E, and F. 2) entered into a sales contract (hereinafter “the first sales contract of this case”) with the Plaintiff, including the following details, to transfer the right to sell the above site for countermeasures (hereinafter “instant site for countermeasures”) to KRW 180,00,000, before being selected as a person to be supplied with a site for countermeasures against life:

Article 3:Succession of Right to Sales shall receive the balance prescribed in the preceding Article at the same time, and shall be submitted to the Plaintiff with all documents required for acceptance of right to Sales, including the waiver of right to Sales and the statement of performance, power of delegation, certificate of personal seal impression, resident registration certificate

(G) Even after the performance of the provisions of Article 4 Section 3, the Plaintiff shall be removed from a certified copy of resident registration at the time of transferring the address. After the implementation of the provisions of Article 4 Section 3, G may have the right to sell in the name of G, and G shall actively cooperate with the Plaintiff, such as submission of necessary documents and visits to K Corporation, so that it can be possible

(hereinafter) Accordingly, on January 12, 2007, the Plaintiff paid KRW 180,00,000 to G, and G paid KRW 180,00 to the Plaintiff a sales contract and a copy of the resident registration certificate (Evidence A4, a certificate of renunciation (Evidence A5), a letter of delegation (Evidence A6), a purchaser’s column, and a column for the purchase price. The Plaintiff issued a sales contract and a copy of the resident registration certificate (Evidence A7, and the above waiver and power of delegation).