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(영문) 광주지방법원 2015.06.12 2014가합7539
부당이득금반환
Text

1. As to the Plaintiff’s KRW 20 million and its KRW 60 million, the Defendant shall pay to the Plaintiff KRW 50 million from August 8, 2013, and KRW 50 million.

Reasons

1. Basic facts

A. On August 14, 2013, C (the Plaintiff of the representative director) entered into a sales contract with the Defendant and Gwangju Mine-gu purchase of each of the 1/2 shares owned by the Defendant (hereinafter “instant sales contract”) of KRW 1,050,000,000,000 for KRW 5,088 square meters for D forest land, E 489,000 square meters for 3,138 square meters for F, 235 square meters for G, H forest land, 4954 square meters for H, and 893 square meters for I maintenance (hereinafter “instant real estate”).

B. Upon the Defendant’s request, the Plaintiff paid the Defendant the down payment of KRW 110 million (i.e., KRW 60 million paid on August 8, 2013) prior to the conclusion of the instant sales contract (i.e., KRW 50 million paid on August 13, 2013). After the conclusion of the instant sales contract, the Plaintiff paid the Defendant the first intermediate payment of KRW 90 million (i.e., KRW 20 million paid on August 16, 2013).

C. According to the instant sales contract, the Defendant issued C a written consent to land use within five days after the receipt of down payment, but did not issue a written consent to land use, and J completed the instant provisional disposition registration on October 23, 2013 by deeming the Defendant as the right to claim ownership transfer registration under the sales contract as the right to be preserved.

On January 10, 2014, the Plaintiff concluded a contract with the Defendant to invalidate all the contracts previously concluded with the Defendant, and to convert the amount of KRW 200 million, which the Defendant received from the Plaintiff as the purchase price of real estate (i.e., KRW 60 million on August 8, 2013, KRW 50 million on August 13, 2013, KRW 20 million on August 16, 2013, KRW 70 million on August 16, 2013, KRW 70 million on August 19, 2013, into the annual interest rate of KRW 60 million on August 19, 2013).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 6, Eul evidence No. 2 (including additional numbers), the purport of the whole pleadings

2. According to the above facts of recognition, the Plaintiff and the Defendant agreed to cancel the instant contract on January 10, 2014, and to convert the purchase price that the Plaintiff paid to the Defendant into the borrowed money.

Therefore, the defendant shall make a loan to the plaintiff.

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