(영문) 서울고등법원 2015.10.23 2015나2001053

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Reasons

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(영문) 서울고등법원 2015.10.23 2015나2001053

부당이득금

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1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The defendant (Counterclaim plaintiff) who was brought in the trial of the court.

Reasons

1. Basic facts

A. On September 5, 201, the Plaintiff, E, and F (hereinafter collectively referred to as “Plaintiffs, etc.”) jointly combined with the Defendants on September 5, 201, each land listed in the attached Table No. 3 of the Defendants’ sharing of land within the land transaction permission zone was annexed to the land No. 2, the land No. 5, and the land No. 7 was annexed to the land No. 1.

(hereinafter “instant land”) concluded a sales contract to purchase 13.5 billion won (hereinafter “instant first sales contract”).

Of the content of the First Sale Contract, the part relating to the instant case is as follows.

Sales contract;

2. Amount and time of payment of the purchase price. (2) The down payment of 300 million won is paid by depositing it into the account of a financial institution designated by the seller on the date of contract.

(3) Of the intermediate payment of KRW 3.75 billion, 200 million shall be deposited into an account of a financial institution designated by the seller until September 22, 201, and 3.5 billion won until October 26, 201.

(4) Any balance of 9.45 billion won shall be deposited into the account of a financial institution designated by the seller by December 28, 201.

(5) The buyer shall pay any balance along with receipt of the delivery of the land of this case and the performance of the procedures for ownership transfer registration after receiving the delivery of the occupied portion from the lessee from the lessee.

If necessary, even after the payment of any balance, the seller shall cooperate to the extent possible so that he/she can transfer ownership to a third party designated by the buyer or the buyer, and he/she shall be liable to the buyer for any matters that may arise if he/she has made a registration directly to a third party.

3. A seller shall endeavor to take over the occupied portion from a lessee by December 28, 201 and deliver it to a buyer by taking over all lawful methods, such as litigation, as much as possible.

5.The total amount of proceeds from the separation by the purchaser using the following separate sale, etc.:

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