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(영문) 광주지방법원목포지원 2016.08.25 2015가합11019
부당이득금
Text

1. The Defendant’s KRW 413,50,000 as well as 5% per annum from April 21, 2015 to August 25, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On April 20, 201, the Defendant entered into each of the instant sales contracts (i.e., each of the instant contracts) with the Jeonnam Development Corporation on April 20, 201, 385.1 square meters in Yongnam-gun, Yongnam-gun (hereinafter “instant 1 real estate”).

) A contract was concluded to purchase the purchase price of KRW 147,490,000 (hereinafter “instant first sale contract”).

(2) At the time of entering into the first sale contract of this case, the Defendant agreed to pay 14,749,000 won for intermediate payment of KRW 58,96,00 on the date of the contract, the intermediate payment of KRW 73,745,00 on January 20, 2012, and the remainder of KRW 73,745,00 on October 20, 2012. (2) On May 4, 2011, the Defendant concluded a contract to purchase KRW 535.8 square meters (hereinafter “second real estate of this case”) and its ground buildings (hereinafter “third real estate of this case”) of KRW 1/2 of the purchase price of KRW 290,00,000 from F on the same day to purchase KRW 290,000,000 for each of the remainder of the real estate of this case and KRW 290,000 from F on the same day.

(2) The Defendant agreed to pay KRW 476,00,000 for the remainder after deducting KRW 46,00,000 as deposit for lease on the third real estate of this case from KRW 522,00,00 in total, on the date of concluding the second sale contract of this case, at the time of concluding the sale contract of this case, the sales contract of this case, including the first and second sale contracts of this case, and including the second sale contracts of this case. The Defendant agreed to pay KRW 46,00,000 as of May 25, 201, and succeed to the obligation to return KRW 46,000,00 for lease deposit for lease deposit of this case to D and F at the time of concluding the second sale contract of this case.

B. Pursuant to the sales contract of this case, the Defendant: (a) completed the payment of each purchase price and the transfer of ownership; (b) KRW 14,749,00 on April 20, 201 to the Jeonnam Development Corporation; (c) KRW 59,383,910 on February 9, 2012; and (d) the remainder on November 1, 2012 and delay damages incurred therefrom; and (e) KRW 74,035,035.

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