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(영문) 인천지방법원 2017.09.14 2015가합58712
부당이득반환 청구의 소
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 39,462,360 to the Plaintiff (Counterclaim Defendant) and its related amount from July 20, 2017 to September 14, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On January 13, 2015, the Plaintiff, as the owner of the building site and ground (hereinafter collectively referred to as “instant real estate,” and, when referring only to the building, hereinafter referred to as “instant building”) in the instant real estate, entered into a contract for the transfer of real estate sales and management rights to transfer the entire operating rights of the instant real estate and the instant child care center to the Defendant for KRW 770 million between the Defendant and the Defendant on January 13, 2015. In addition, the Plaintiff and the Defendant divided the instant real estate sales proceeds into KRW 70 million, and divided the instant real estate sales proceeds into KRW 70 million, and KRW 70 million, KRW 700,000, KRW 700,000, KRW 700, KRW 700,000, KRW 205.

(hereinafter referred to as "the instant contract"). B.

According to the instant contract, the Defendant paid to the Plaintiff the down payment of KRW 50 million on January 13, 2015, and KRW 350 million on January 28, 2015, respectively, and the Plaintiff completed the registration of transfer of ownership on the instant real estate at the same time as the intermediate payment was received and transferred the right to operate the childcare center to the Defendant.

On the other hand, the Plaintiff and the Defendant agreed on January 28, 2015, which was the date of intermediate payment, to pay KRW 750 million for the total acquisition price under the instant contract. Accordingly, the Defendant issued to the Plaintiff a promissory note with the due date as of February 28, 2015, which was 350 million won for the remainder payment of KRW 350 million on the same day, and made a notarial deed as to the said promissory note by entrusting the Plaintiff with the preparation of a notarial deed.

C. On February 4, 2015 under the instant contract, the Plaintiff and the Defendant filed an application for authorization to change the name of the child-care center representative and the president of the instant case with the Plaintiff, and the name of the Plaintiff from D child-care centers to E child-care centers. Accordingly, the Incheon Southern Dong-gu Office is for the Plaintiff and the Defendant, and the authorization to change the child-care center.

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