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(영문) 서울고등법원 2013.09.13 2012나16959
부당이득금
Text

1. Upon receipt of a claim for change in exchange at the trial, the defendant shall pay to the plaintiff KRW 270,223,189 and the plaintiff shall pay to the plaintiff on March 2013.

Reasons

1. Basic facts

A. On April 1, 2005, the Plaintiff’s Intervenor C (hereinafter “C”) entered into a contract with the Defendant to purchase the total purchase price of KRW 2,300,000,000 (hereinafter “instant land”) and KRW 220,000,000,000,000 on the land, and KRW 1,587,000,000,000,000,000 on the land owned by the Defendant within the land transaction permission zone under the National Land Planning and Utilization Act, and KRW 478,00,000,000,000 on the land owned by the Defendant, and KRW 1,587,00,00,000,000,00 on the land, and KRW 1,587,00,000,000,00 on the intermediate payment, and KRW 220,00,00,05,00 on each of the instant land.

B. According to the instant sales contract, C paid the Defendant a down payment of KRW 200,000,000 on the date of the contract (the amount actually paid is KRW 220,000,000 under the sales contract) and the amount actually paid is KRW 260,000 as the intermediate payment on April 15, 2005, and KRW 10,000,000 as part of the intermediate payment on May 15, 2005, respectively. On June 17, 2005, on the instant land, the Defendant as the debtor established the maximum debt amount of KRW 1,170,000,000 in the National Agricultural Cooperative Federation and received KRW 90,000,00 in the name of the Defendant, and the intermediate payment was paid to the Defendant as part of the intermediate payment of KRW 200,000 in the name of the Defendant (the aforementioned amount was settled in the name of the Defendant’s loan).

In addition, C.

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