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(영문) 서울고등법원 2017.05.12 2016나11860
부당이득금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff A KRW 50,326,012 and KRW 48,022,635.

Reasons

1. Basic facts

A. On September 22, 2003, the Plaintiff B and the Defendant concluded a sales contract to purchase each of the instant real estate listed in the separate sheet from D and the Defendant (hereinafter “instant real estate”) for KRW 150 million on condition that they acquire the existing loan amounting to KRW 150 million (hereinafter “instant loan”). On October 1, 2003, the registration of ownership transfer was completed on September 22, 201 for each of the instant real estate’s 1/2 shares among the instant real estate on September 22, 2013.

B. On October 14, 2003, E entered into an agreement with the Plaintiff B and the Defendant to the effect that one-six shares of the instant real estate should be transferred, and that one-third of each of the instant real estate should be recognized by the parties as to the ownership and the exercise of the property rights to the instant real estate. On November 1, 2003, E completed the registration of transfer of ownership on the ground of an agreement for the transfer of ownership as of October 14, 2003, with respect to the share of the sum of one-six shares of Plaintiff B and one-six of the shares in Plaintiff B among the instant real estate, and one-six of the shares in Defendant, one-six of the shares in the instant real estate.

C. On December 29, 2004, Plaintiff B sent to the Defendant a certificate of content that “The Defendant had the right to manage the instant real estate until September 30, 2004 when entering into an agreement with the Defendant to divide the profits of the instant real estate into one-third, and did not perform the obligation to distribute profits from May 1, 2004, since Plaintiff B did not perform the obligation to distribute profits from the said right to manage the instant real estate, the Defendant sent to the Plaintiff B a certificate of content that “I will perform the obligation to transfer the right to manage and distribute profits from the instant real estate,” and the above certificate of content reached the Defendant around that time.

Plaintiff

A entered into a sales contract with E on September 20, 206 to purchase KRW 350 million of the ownership of the instant real estate, and thereafter, on November 1, 2006, with respect to KRW 1/3 of the instant real estate, A completed the registration of ownership transfer based on a share sales contract concluded on September 20, 2006 with respect to the said KRW 1/3 of the instant real estate.

E. The real estate of this case is the first floor Nos. 101, 102, 103, and 2.

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