logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2021.01.20 2019나67615
부당이득금반환
Text

Of the judgment of the first instance, the part against the plaintiff ordering payment shall be revoked.

The defendant is KRW 98 million to the plaintiff.

Reasons

1. Facts of recognition;

A. C/D is a person who is selected and notified by the Korea Land and Housing Corporation as a person subject to each living measure in connection with the E development project (hereinafter “instant project”).

B. C and D decided to resell the right to receive the land for livelihood measures that will be acquired to the Korea Housing Corporation (hereinafter “each of the instant several rights to sell”) before being selected and notified as the subject of the living measures as above, and C and D sold each seller; each buyer’s column prepared a document necessary for the transfer of each of the instant several rights to purchase and sell (hereinafter “the instant rights documents”) such as a performance letter and a contract for guarantee, power of delegation, transfer, each letter of delegation, a certificate of waiver of rights, a written confirmation of the fact of transaction, a written application for change of name, and a contract for succession of rights and obligations.

(c)

F had several documents necessary for acquiring the right to share of the instant project from a person who is to be eligible for the livelihood countermeasures of the instant project, including the instant rights documents (hereinafter referred to as “the prospective purchaser of the instant project”). On March 2015, the Defendant entered into a contract with F and F to purchase three of the several rights to share of KRW 40 million per one.

(d)

On April 2015, the defendant presented to the plaintiff several documents of rights held by F in order to transfer three rights purchased from F to the plaintiff, in order to transfer three rights purchased from F to the plaintiff.

After selecting three of them, the Plaintiff entered into each contract with the Defendant to purchase 49 million won per unit (hereinafter “instant sales contract”), and received three documents of rights chosen by the Plaintiff from the Defendant, and paid a total of KRW 147 million to the Defendant around April 25, 2015 (i.e., KRW 49 million x 3).

E. The Korea Land and Housing Corporation shall select and notify those who around April 10, 2018 as subjects of the living countermeasures of the project in this case.

arrow