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(영문) 인천지방법원 2018.01.09 2016가합59576
부당이득금
Text

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

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

Reasons

1. Basic facts

A. The Plaintiff purchased and developed the land with Defendant C and developed, thereby gaining profits from the resale, and was introduced by Defendant C as the owner of the land to be purchased from Defendant C.

B. On September 19, 2012, the Plaintiff paid the purchase price to each real estate listed in the separate sheet No. 1 as KRW 908,00,00 for each real estate listed in the separate sheet No. 1, and the purchase price to each real estate listed in the separate sheet No. 2 (hereinafter “instant land” together with real estate listed in the separate sheet No. 1) with E is KRW 2,92,00,000 for each real estate listed in the separate sheet No. 2, and 10% of the purchase price is concluded at the time of entering into a contract with E, and the remainder is paid within one month from the date of approval for the new establishment of a factory with the contents of establishing a factory in the instant land (hereinafter “authorization permission,” “authorization permission expenses,” “authorization permission expenses”), and if the Plaintiff fully pays the remainder by the payment deadline even after obtaining the authorization and permission, the down payment shall belong to D and E, and the said sales contract shall belong to D, E and the Plaintiff enter into a contract with the Plaintiff to establish any balance

(hereinafter “instant sales contract”). The Plaintiff paid the down payment of KRW 390,000,00 to D and E according to the instant sales contract.

C. On October 19, 2012, the Plaintiff concluded a sales contract with the F Co., Ltd. and five other (hereinafter “F, etc.”) on the condition that the Plaintiff acquired authorization and permission as to the instant land, completed the land creation work necessary for the establishment of a factory (hereinafter “instant construction”). The expenses incurred therein were to be borne by the Plaintiff, setting the sales price at KRW 6,175,00,000, on condition that the Plaintiff resells the instant land at KRW 6,175,000

(hereinafter “instant resale contract”). D.

F, etc. with a written consent to land use in D and E through the Plaintiff, applied for authorization and permission at Kimpo-si on December 17, 2012 and applied for approval from Kimpo-si on April 18, 2013.

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