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(영문) 수원지방법원 2014.02.07 2012가합18963
부당이득금반환등
Text

1. The defendant shall pay to the plaintiff KRW 304,070,000 and KRW 54,070,00 among them, from March 9, 2006, and KRW 200,00,000.

Reasons

1. Basic facts

A. On February 2006, the Plaintiff purchased a sales contract for land C and D land, etc. (1) from the Defendant on or around the day of February 2, 2006, the Plaintiff is obliged to specify the land in E as the index only.

) The purchase price was KRW 254,070,00 ( approximately KRW 348 x KRW 730,000 per square year, and land equilibrium was entered in the register, regardless of the size of the land on the register, on the grounds that there is no dispute between the Plaintiff and the Defendant.

hereinafter the same shall apply.

2) The sales contract of this case is to be purchased (hereinafter “instant sales contract”).

(2) On March 29, 2006, the Plaintiff paid KRW 45,070,000 to the Defendant on March 23, 2006, as the purchase price of the above C land, and KRW 200,000,00. 2) The Plaintiff paid the Defendant, Nonparty F, G, and D Forest, KRW 165 square meters, KRW 2,045 square meters for H forest, KRW 49 square meters for I forest, KRW 1,795 square meters for J forest, KRW 1,795 square meters for K forest, KRW 215 square meters for K forest (hereinafter “instant joint purchase contract”), and paid KRW 45,00,000 to the Defendant on November 29, 206 as the down payment for the purchase of the above D forest (hereinafter “instant joint purchase contract”).

B. On April 19, 2006, the Defendant filed a provisional registration of the right to claim a transfer of ownership under the name of the Defendant on the instant land on the grounds of sale on November 2, 2005, and completed the principal registration on July 21, 2006 on the above provisional registration. On August 19, 2010, the Defendant made a registration of transfer of ownership on the instant land to Dong Do chip Co., Ltd. on the grounds of sale. (2) In addition, from December 2, 2006 to January 2, 2007, the Defendant completed the registration of transfer of ownership on the instant land, etc. under the name of the Defendant on the grounds of sale, and completed the registration of transfer of ownership on each of the instant land on the grounds of sale on each of the instant land to M around January 1, 2010.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 3 through 5 (if there are provisional numbers, including each number; hereinafter the same shall apply), Eul evidence 10, and arguments.

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