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(영문) 창원지방법원통영지원 2016.08.11 2015가단24439
부당이득금
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant A completed the registration of ownership transfer as the receipt No. 49653 on December 29, 2003, with respect to the area of 53 square meters in the Changwon District Court, Changwon District Court (hereinafter “Metropolitan Court”).

B. On April 25, 2006, the entire area was 181m2,00 square meters by combining D large scale 77m2 and E large scale 51m2.

C. Defendant B, the wife of Defendant A, completed the registration of transfer of ownership on December 20, 2013, as the registration office, with respect to the 129 square meters of macro-si F. 129 square meters.

(hereinafter referred to as “instant real estate”), each real estate listed in the separate sheet, is D.

On August 29, 2014, the Plaintiff entered into a sales contract with the Defendants to purchase the instant real estate in KRW 1.7 billion (hereinafter “instant first sales contract”).

E. Upon entering into the instant first sales contract, the Plaintiff and the Defendants paid 1.7 million won of the down payment by September 30, 2014, and agreed that the present agreement (Evidence 2-1) and the contract (Evidence 2-2-2) are null and void and the agreed amount is reverted to the Defendants.

F. On August 29, 2014, the Plaintiff paid KRW 20,000,000 as part of the contract deposit to the Defendants, but did not pay the remainder down payment of KRW 1,50,000.

G. Afterwards, the Plaintiff and the Defendants agreed that the contract amount of KRW 20,000,000 as stated in the said Paragraph shall be reverted to the Defendants, when rescinding the instant primary sales contract by agreement.

H. On October 1, 2014, the Plaintiff concluded a sales contract to purchase the instant real estate in KRW 1.7 billion (hereinafter “instant secondary sales contract”) with the Defendants again (hereinafter “instant secondary sales contract”).

(i) Upon entering into the instant secondary sales contract, the Plaintiff and the Defendants paid 170 million won of the down payment (hereinafter “instant down payment”) by October 15, 2014, and KRW 150 million of the down payment by October 24, 2014.

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