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(영문) 대구지방법원서부지원 2019.04.18 2018가합51779
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a regional housing association established around April 2016 for the purpose of acquiring a house by the residents residing in the Seo-gu Incheon metropolitan district E, and Defendant B is a regional housing project promoted by the Plaintiff (hereinafter “instant project”).

2) As to the instant B’s land, F.R. 1,519 square meters within the land (hereinafter “instant land”).

(C) The former owner of the instant land, Defendant C, within the instant project site, shall be 2,416 square meters G field (hereinafter “instant land”).

A) The former owner of the instant land, Defendant D, as well as the former owner of the instant land, is the sum of 98 square meters in H miscellaneous land, 970 square meters in I Miscellaneous land, and 692 square meters in J warehouse site (hereinafter “D”). The sum of the instant land B, C, and D is the sum of 1,760 square meters in each of the instant land.

(2) On July 17, 2015, the date of its establishment, the Plaintiff entered into a sales contract with K Co., Ltd. (hereinafter “Nonindicted Company”) which purchased the instant project site to carry out the instant project, and entered into a business license agreement with the Plaintiff to receive the Plaintiff’s rights under the sales contract for the instant project site, and to pay the purchase price to the Plaintiff.

B. 1) The non-party company is a company operating a housing construction project, etc., and from around December 2014, the non-party company was promoting the purchase of land for the execution of the instant project from the Daegu Seo-gu E. However, the Defendants, the owners of each of the instant land within the instant project site, as well as the Defendants, who were the owners of each of the instant land in the instant project site, from December 2014 to January 2015, respectively, with the following content:

AB concluded the agreement.

Defendant C’s evidence No. 6, 200,000 won 3,450,000,000 won on December 9, 2014, and Defendant C’s evidence No. 8,030,000,000 won 80,000 won on January 22, 2015, Defendant C’s evidence No. 7, and Defendant D’s evidence No. 3’s evidence No. 1, 203,00,000 won on December 22, 2014, and Defendant D’s evidence No. 3-1, Defendant D’s evidence No. 452,00,000 won on December 25, 2014, jointly with the evidence No. 8, 200,000 won on December 8, 2015.

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