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(영문) 수원지방법원 2018.04.10 2016가합83491
부당이득금
Text

1. The plaintiff's successor's claims are all dismissed.

2. The costs of the lawsuit shall be borne by the intervenor succeeding to the plaintiff.

Reasons

1. Basic facts

A. On June 12, 2015, the Defendant agreed to pay KRW 1.2 billion in the contract date, intermediate payment of KRW 1.2 billion within July 12, 2015, and the remainder amount of KRW 9.6 billion within September 12, 2015, respectively, by purchasing KRW 12 billion and KRW 6 (hereinafter “instant land”).

(hereinafter “instant land sales contract”). B.

On July 27, 2015, the Plaintiff (hereinafter “Plaintiff”) concluded a contract with the Defendant to acquire the status of a purchaser of the instant land sales contract in KRW 4.4 billion (hereinafter “instant transfer contract”), and agreed to pay KRW 1.5 billion, including the down payment of KRW 1.2 billion for the instant land sales contract that the Defendant already paid for construction by Taee Construction, as the down payment, within seven days from the date of the contract, by setting the contract amount of KRW 1.5 billion plus the resale profit of KRW 300 million for KRW 1.2 billion for the intermediate payment of the instant land sales contract that the Defendant already paid for Taee Construction, as the intermediate payment; and to pay KRW 1.5 billion for the future loan by designating the remainder of KRW 1.4 billion as the intermediate payment for the instant land sales contract.

C. In addition, when entering into the instant transfer contract, the Plaintiff and the Defendant agreed to invalidate the instant transfer contract in the event that the Plaintiff did not pay the down payment of KRW 1.5 billion to the Defendant within seven days (excluding weekends) from July 27, 2015 (Article 4(2) and (3) (i.e., Article 4(3)), and that the down payment that the Plaintiff paid to the Defendant shall be reverted to the Defendant where the Plaintiff is unable to receive the instant land sales contract due to its own fault

(Article V(1)(d).

The Plaintiff paid the Defendant KRW 460 million on September 16, 2015, KRW 140 million on September 17, 2015, KRW 60 million on September 17, 2015, and KRW 60 million on September 18, 2015, respectively.

E. The defendant is under the name of the F Co., Ltd. (former is changed to “Co. G”; hereinafter “F”).

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