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(영문) 인천지방법원 2015.08.18 2013가단97532 (1)

부당이득금반환

Text

1. The Defendant: (a) from December 18, 2013 to Plaintiff (Appointed Party) and Appointed C, respectively, KRW 40,880,00; and (b) to this effect.

Reasons

1. Basic facts

A. Conclusion and implementation of sales contracts 1) Plaintiff (Appointed Party) A and Selection C (hereinafter “Plaintiff, etc.”)

(D) On August 5, 201, between the Defendant and the Defendant on August 5, 2011, Nos. 501 and 502 (hereinafter referred to as the “instant real estate”) of the fifth floor of the building E in Nam-gu, Incheon.

(2) The sales contract of this case provides that the sales price of this case shall be KRW 1.6 billion (excluding value-added tax, KRW 1.60,000,000,000,000,000,000,000,000,000,000,000); and

(2) Accordingly, from August 5, 201 to September 6, 2011, the Plaintiff, etc. and the Defendant paid a total of KRW 1.60 million to the Defendant as down payment. 2) After that, the Plaintiff, etc. and the Defendant received loans from the Plaintiff, etc. on the face of the Plaintiff, etc. after completing the registration of ownership transfer as to the instant real estate and paying the said loans as security. The Plaintiff, etc. completed the registration of ownership transfer as to the instant real estate on November 24, 201, and paid the Defendant a total of KRW 1.2 billion to the National Federation of Fisheries Cooperatives on the same day after completing the registration of ownership transfer as to the instant real estate.

3) Meanwhile, with respect to the remaining 4.4 million won out of the sale price as above, the Plaintiff’s request on November 24, 201, with respect to the Defendant: (a) F, the president of a convalescent hospital with the Plaintiff, etc.; and (b) one promissory note with a face value of KRW 4.4 million on February 25, 201, with a face value of KRW 1.9 million, face value of KRW 1.9 million with the Plaintiff, etc.; and (c) one promissory note with a face value of KRW 1.9 million with the Plaintiff, etc.; and (d) one promissory note with a face

B) Each of the instant promissory notes was issued and delivered. (B) The Defendant’s representative G representative director G voluntarily around December 30, 201, supplemented the payment date of the instant promissory note as “fluort payment,” and the notary public accepted the said promissory note as No. 949 on the 2010,000.