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(영문) 의정부지방법원고양지원 2016.07.22 2016가합70423
부당이득금
Text

1. Defendants B and C shall jointly and severally pay to the Plaintiff KRW 628,00,000 and the interest rate corresponding thereto from March 12, 2016 to the date of full payment.

Reasons

1. Determination as to each claim against Defendant B and C

A. 1) The Plaintiff’s claim indication 1) when Ha, I, and J (hereinafter the Plaintiff together with the Plaintiff, “Plaintiff, etc.” is called “Plaintiff, etc.”

) On June 5, 200, Defendant B and C, the husband and wife of the Defendant B, were 4,500 square meters in total of 23 parcels of each land listed in the separate sheet No. 1 through 7, 12 through 21, 23 through 28, as shown in the separate sheet No. 23 (hereinafter “the subject matter of the instant sale”), and when each land listed in the separate sheet is referred to as “the subject matter of the instant auction” in total as indicated in the separate sheet No. 1

3,000 of 3,000 (hereinafter “instant land”)

1) A contract to purchase KRW 1.86 billion (hereinafter “instant contract”) for the purchase of KRW 1.8 billion (hereinafter “instant contract”).

(2) The Plaintiff et al. concluded the contract amount of KRW 186 million on the date of the contract to Defendant B and C, and KRW 628 million on the part of the intermediate payment from June 30, 2003 to December 31, 2003.

3) Defendants B, C, and C did not perform the obligation under the instant sales contract to the Plaintiff who acquired all rights under the instant sales contract from H, I, and J, and eventually, on May 10, 2012, Defendant G (hereinafter “Defendant G”) based on the voluntary auction procedure.

(4) As a result of the sale to Defendant B and C, Defendant B and C’s obligation to transfer ownership under the above sales contract was impossible. Accordingly, Defendant B and C are jointly and severally liable to return to the Plaintiff KRW 628 million, which was paid by the Plaintiff pursuant to the instant sales contract, to the Plaintiff as unjust enrichment.

(B) It is reasonable to view that the Plaintiff expressed his/her intent to rescind the instant sales contract to Defendant B and C by serving a duplicate of the Plaintiff’s complaint of this case.

Judgment without Oral Pleading (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act)

2. Determination as to each claim against Defendant D, E, F, and G

A. On June 5, 2003, the Plaintiff et al. entered into the instant sales contract with Defendant B and C with respect to the instant land. The said Defendants are only 628 million won as the purchase price.

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