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(영문) 대전지방법원홍성지원 2019.03.21 2018가합876
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The parties’ relevant Plaintiff Incorporated Company A (hereinafter “Plaintiff Company”) is a company established on September 4, 2017 for the purpose of raising livestock business, etc., and Plaintiff B is the representative director of the Plaintiff Company, and Plaintiff C is the father of Plaintiff B.

E was the father of the defendant involved in the contract with the plaintiffs on behalf of the defendant.

B. On July 4, 2017, Plaintiff C, as indicated in the separate sheet from the Defendant on July 4, 2017, had 454 square meters and 13 lots of land for the F farm site in Bocheon-si (in the same way as “F land” according to its lot number), and its ground stable, housing (including construction and extension without permission, and all of them; hereinafter collectively referred to as “instant real estate”), and only the building without permission and extension shall be separately referred to as “the instant building without permission.”

) A contract was concluded to purchase the price of KRW 1.7 billion (hereinafter “instant previous contract”).

(2) On July 4, 2017, Plaintiff C paid the remainder of KRW 120 million to July 31, 2017, respectively, and the remainder of KRW 1.530 million to pay the remainder by October 30, 2017. The main parts of the special agreement contained in the previous contract are as follows. 2. As of March 28, 2018, Plaintiff C paid the lawful and training of the building without permission until March 28, 2018 (Provided, That the building 2, 1, 1, and 1, 1, which currently uses the payment house as money in the current building among the objects of the lawful, lawful and training building, is legitimate, cultivated as the purpose of this use, and is removed and restored to its original state.

A person shall be appointed.

3. The buyer may be replaced due to the circumstances of the buyer, after concluding the sales contract;

5. Matters concerning the lawfulness and acquisition of a seller's goods under a contract shall be the seller's responsibility and burden;

2) The arrangement of a building and an unauthorized building among the instant real estate is identical to the right-hand photographs. Among the instant unauthorized buildings, a stable (on the basis of money shed) at the time of the previous contract was used.

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