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(영문) 전주지방법원 군산지원 2018.08.16 2016가단57999
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 140,043,740 as well as 15% per annum from December 20, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a regional housing association established for the purpose of constructing a multi-family housing in the B B zone in Gunsan-si (amended by January 7, 2012), and CJ (hereinafter “CJ”) owned the land equivalent to 8,570 square meters of forest land in Gunsan-si, E site, 1,174 square meters of land, and 12,04 square meters of total area of 12,04 square meters in 2,04 square meters prior to F, and G owned the land equivalent to 12,08 square meters of land (hereinafter “each of the instant land before subdivision”). G as the chairperson of the Plaintiff’s promotion committee from December 16, 201 to December 31, 2014, while working as the head of the Plaintiff’s association, and H was a member of CJ’s management committee.

B. 1) G, I, J, and K are apartment buildings A around June 201 (hereinafter “instant apartment”) around June 201.

L Co., Ltd. (hereinafter “L”) which has been promoting the construction project

) The real estate consulting services contract (hereinafter referred to as “instant services contract”) between the Corporation and the Corporation.

After entering into the instant service contract, LA incentive was paid to purchase land for the construction of the instant apartment. The instant service contract includes the content that LA incentive was to be paid in the event that the sales contract, including Class C land, acquired land and 12 parcels from the Gunsan City, including land in the form of a business site. 2) G around that time concluded a trade negotiation on each of the instant divided lands owned by H and C, and H opened one’s female Ma account on June 17, 201.

C. On June 19, 201, G, H, etc.: (a) around June 19, 201, G, etc. sold KRW 3,385,800,000 of the purchase price with respect to each of the instant partitioned lands to KRW 3,385,80,00 with respect to each of the instant partitioned lands (hereinafter “instant sales contract”).

A sales contract stating that a down payment shall be sold in KRW 4,514,400,000 for the purchase price (hereinafter “the first business contract of this case”) and KRW 677,160,000 for the purchase price (hereinafter “the first business contract of this case”).

2) Around December 15, 2011, G and H et al. written down down payment amounting to KRW 902,880,000. G and H et al.: (a) around December 15, 201, C & C were 8,570 square meters of forest land, E site 1,174 square meters, and total area of KRW 2,304 square meters prior to F and KRW 2,048 square meters to the Plaintiff.

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