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(영문) 서울동부지방법원 2015.06.24 2014가합12643
부당이득금 반환
Text

1. The defendant,

A. As to Plaintiff A’s KRW 375,978,753 and KRW 40 million among them, it shall be from June 29, 2012, and KRW 10 million.

Reasons

On June 29, 2012, Plaintiff A purchased from the Defendant Cooperative KRW 387,978,753 of the shares held by former members E in relation to D non-101 (No. 1 on the register) and 101 (No. 1 on the first floor on the register), and 201 of the second floor (the second floor subparagraph 2 on the register; hereinafter referred to as “instant real estate”), from the Defendant Cooperative, the shares owned by the former members of the Mutual Association KRW 387,978,753, and was returned to the Defendant Cooperative KRW 40 million on June 29, 2012, KRW 10 million on July 9, 2012, KRW 50 million on August 30, 201, KRW 100 on August 28, 2012, KRW 2007,000 on October 28, 2012, and KRW 307,5797,297.27.

Plaintiff

B On September 26, 2012, the Defendant Union purchased the shares of F, G, H, and I, which are the former members of the instant real estate, for KRW 216,136,486, and issued a promissory note in KRW 33 million at the face value to the Defendant Union on September 26, 2012, with respect to the moving expenses of KRW 333 million, which the Plaintiff agreed to take over on October 23, 2012, with the payee as the Defendant Union.

However, the instant real estate was sold by public sale on November 5, 2013 and the registration of ownership transfer was completed in the name of Shee Construction Co., Ltd.

The Plaintiffs expressed their intent to cancel each of the above sales contracts on the ground that the service of a copy of the complaint of this case to the Defendant Union (the arrival of November 19, 2014) was impossible to perform the obligation to transfer the ownership of the Defendant Union.

[Based on the fact that there is no dispute, Gap evidence Nos. 1 through 5 (including additional numbers), Eul evidence Nos. 1 and Eul evidence Nos. 1, and the purport of the whole pleadings, each of the above sales contracts was lawfully rescinded upon the plaintiffs' declaration of intent to cancel the plaintiffs' obligation to transfer ownership of the defendant union on the ground that the obligation to transfer ownership of the defendant union was not fulfilled. Thus, the defendant union as a duty to restore the plaintiff (=the purchase price of KRW 387,978,000 already received - the sale price of KRW 12,00,000 already recovered).

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