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(영문) 수원지방법원 2014.12.12 2013가합14012
부당이득금
Text

1. The Defendant: 27,454,549 won, Plaintiff B, C, and D respectively; 18,612,569 won, Plaintiff E; 3,202,214 won, and Plaintiff.

Reasons

1. Basic facts

A. The Plaintiffs, the Defendant, and I shared the land of 4,209 square meters in Janwon-gu, Suwon-gu, Suwon-si (hereinafter “instant real estate”), and each share is as follows.

Plaintiff A4,279.1031/24, 253 Plaintiff B 2,852.7354/24, 253 Plaintiff C 2,852.734/254/24, 253 Plaintiff D 2,852.73 Plaintiff E 1,41.0942/24, 253 Plaintiff F 1,711.641/24, 253 Plaintiff G 1,426.367/24, 253 Plaintiff G 6, 14.87/24, 253 Defendant 991.74/24,253 Defendant D 2,853

B. 1) The Plaintiffs, the Defendant, and I agreed to sell each share of co-owners, including the Defendant, in consideration of the easiness of sale in the course of several consultations regarding the sale of the instant real estate, and upon the Defendant’s proposal, the sales amount of the Defendant’s share is more than KRW 500,000,000,000 compared to the Defendant’s share, and the excess portion is partly shared by the Plaintiffs (hereinafter “instant agreement”).

(2) In addition, upon the agreement of co-owners of the instant real estate, I concluded a sales contract with K and three other parties on June 12, 2012 that: (a) KRW 3,547 square meters (excluding part of shares of I) of the instant real estate shall be KRW 3.21 billion; and (b) KRW 300 million of the down payment shall be the remainder KRW 2.9 billion at the time of the contract; and (c) KRW 2.9 billion shall be the remainder at the time of the contract to be paid on July 20, 2012 (hereinafter “instant sales contract”).

3) On June 12, 2012, I paid 300 million won of the down payment received from the buyer on June 12, 2012 to the Defendant as part of the purchase price of the Defendant’s share. immediately thereafter, the Defendant demanded I to prepare a letter of payment for the remaining KRW 200 million, and I is a letter of payment to the Defendant to pay KRW 200 million to the Defendant on the outstanding payment date of the purchase price (hereinafter “instant payment note”).

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