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(영문) 대구지방법원서부지원 2019.04.25 2018가합51380
부당이득금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff purchased 19,095 square meters on the land in Daegu-gun E, Daegu-gun, and constructed 563 households on the land (hereinafter “instant business”).

(2) A regional housing association that obtained authorization for the establishment of January 26, 2016 is a regional housing association that obtained authorization for the establishment of January 26, 2016. (2) A F Co., Ltd. (hereinafter referred to as “foreign company”) is an agency that was delegated by the Plaintiff’s Promotion Committee on March 2015 for the Plaintiff.

3) The Defendants are each land listed in the separate sheet Nos. 1 through 7 located in the instant project site (hereinafter “each land of this case”).

The buildings listed in paragraphs 8, 9, and 10 (hereinafter referred to as “each of the buildings of this case”).

(2) The land of this case and each of the buildings of this case, etc. of this case are "each of the land of this case, etc."

(2) Around April 2015, Nonparty Company and the Defendants concluded a sales contract with the Defendants to purchase each of the instant land at KRW 6.84 billion on behalf of the Plaintiff on behalf of the Plaintiff (hereinafter “instant sales contract”). At the time of the conclusion of the instant prior sales contract, Nonparty Company and the Defendants entered into a sales contract with the Defendants to purchase each of the instant land at KRW 6.84 billion on behalf of the Defendants (hereinafter “instant prior sales contract”). At the time of the instant prior sales contract, the Plaintiff was authorized to obtain authorization, and the buyer was stated as “non-party company and non-party 1.”

The main contents of the prior sales contract of this case are as follows.

Article 2 (Matters Concerning Sale Price and Payment of Purchase Price) The remainder of KRW 4770,460,000,000,000 for Defendant B and C D 74.7 billion, each of the down payment of KRW 10,000,000,000 for KRW 85,230,000,000 for KRW 4.4555 billion, each of 90,000,000 won

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