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(영문) 서울고등법원 2018.07.13 2018나2010980
부당이득금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts recognized;

A. D’s criminal judgment 1) On February 2014, 2014, D purchased “A forest E 74,600 square meters ( approximately 22,00 square meters; hereinafter “the instant forest”) under the supervision of the Plaintiff around March 2014, and created G. The author wishes to sell the forest at the purchase price of the instant forest within 2 to 3 months. If the author wishes to sell the forest within 2-3 months. We do not have any intent or ability to purchase the forest of this case as credit bad, and even if D did not receive money from the Plaintiff as a sale price for part of the instant forest, it did not have any intent or capacity to purchase the forest of this case, and even if she did not receive money from the Plaintiff, she did not have any intention or capacity to divide the relevant land with KRW 400,000,000,000,0000 for 200,000 won and KRW 4161,414,2016,2014,27.2000.

3) Meanwhile, D concluded a sales contract with H on May 27, 2014 with regard to the instant forest land owned by it as KRW 5 billion and concluded a sales contract with the said purchase price. The down payment of KRW 300 million is paid on the same day, and the intermediate payment of KRW 1.7 billion out of the intermediate payment of KRW 2.7 billion shall be paid once July 25, 2014, and KRW 1 billion shall be paid twice as of September 26, 2014, and the remainder of KRW 2 billion shall be paid respectively on December 19, 2014 (hereinafter “instant sales contract”).

4) Plaintiff A recommended Plaintiff B, a graduate school professor of the Plaintiff’s accompanying, to make an investment in the same as D’s development plan. Plaintiff B, around July 26, 2014, stated the same purport as D’s foregoing paragraph (1) and sought explanation that the down payment and the first intermediate payment pursuant to the instant sales contract had already been paid (at that time, D paid down payment of KRW 300 million).

Of the forest land of this case, 500 square meters are to be sold in lots.

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