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(영문) 의정부지방법원 고양지원 2018.08.10 2017가합75449
부당이득반환청구
Text

1. The plaintiffs' respective claims against the defendants are dismissed in entirety.

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

Reasons

1. Basic facts

A. The E Co., Ltd. (hereinafter “E”) is a corporation that operates the Elderly Care Center for the Aged (hereinafter “E”) with the trade name of “G” in the name of “G” from the building of the 1,916 square meters and above the 4th floor and the 1st floor of the Rool-dong-gu, Seoyang-si and the Hayang-si and the Hayang-si, the Hayang-si, the Hayang-si, the Hayang-si, the Hayang-si, the Hayang-dong, the Hayang-dong, the Hayang-dong, the Ha-dong, the Ha-dong, the Ha-dong director, and the Defendant C, the her husband, the Ma-dong director, jointly operates the E.

B. On August 2, 2017, J, K, the parents of the Plaintiffs, purchased KRW 5,381,00,000 of the purchase price and KRW 490,000 of the remainder of the contract date, KRW 4,891,00,00 of the remainder of the contract date, KRW 4,891,00,000 of the remainder of the contract date, and KRW 4,891,00,000 of the remainder of the contract date, and KRW 98% of the shares of E from E, and KRW 2,00 of the operation rights of the instant Medical Care Center (including visitors, facilities, office fixtures, etc.), and KRW 3,00 of the instant Medical Care Center G.

In addition, on August 2, 2017, the Plaintiffs purchased the instant medical care center I’s land and building from the Defendants in KRW 3,450,000,000, and the down payment of KRW 500,000,000 on the contract date, and the remainder of KRW 2,950,000,000 was paid each on August 21, 2017 (hereinafter “instant sales contract”). The Defendants paid KRW 250,00,000 as down payment to the Defendants, respectively.

C. Plaintiffs, J, and K B.

At the time of entering into each sales contract as stated in the clause, the following special agreements were entered into with the Defendants (hereinafter referred to as the "instant special agreements"):

1. If a loan of less than 5.6 billion won out of L Loans 6 billion won occurs, the Plaintiffs, J, and K must invalidate this contract.

The plaintiffs, J, and K shall endeavor to pay them by proceeding with the metdiology within three months after the next three months within the limit of 400 million won.

The period is until the metdiology is in progress when the metdiology does not proceed.

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