(영문) 울산지방법원 2020.06.04 2019나10866

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(영문) 울산지방법원 2020.06.04 2019나10866

부당이득금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant’s housing construction promotion (1) acquired ownership of 10% of the project site in order to construct apartment on the ground of 28,791 square meters (hereinafter “instant project site”), both Yangsan-si and 37 lots of land (hereinafter “instant project site”). The Defendant entered into a sales contract with the owner of the remaining lot of project and obtained consent to the use of land for the construction of apartment from the said owner when paying the down payment.

(2) On April 11, 2016, the Defendant obtained approval from the Yangsan market for a project plan to build 625 units of apartment houses on the ground of the instant project site.

(hereinafter referred to as the “instant project right”) b.

(1) On December 8, 2016, the Defendant prepared a “written intent for sale” with the content that “the Defendant sells the instant business rights and the site for the instant project to E in total 19.5 billion won,” between the Defendant’s business rights and the instant project site, etc. (1) and D Trade Union E.

(hereinafter referred to as the “instant agreement”) sales agreements, such as business rights, based on the said written intent, are as follows.

1. This contract for the purchase of sale shall be concluded on February 1, 2017, and the contract amount of KRW 2950 million and KRW 2.950 million shall be paid as the down payment at the time of conclusion.

2. It shall transfer all the sites subject to approval for housing projects and all the related projects, and a service contract (design, land service, etc.) incidental thereto shall be a contract for succession;

3. The liability for the completion of the payment of any balance of land shall be borne by the purchaser and shall be simultaneously paid by a corporation designated with the cost of transfer of the business right three billion won when any balance is paid.

The surtax shall be separate.

4. The total value of the land shall be 19.5 billion won, including the transfer commission.

The increase or decrease of land costs shall be treated as the profit or loss of each Do council member.

5.20 million won as the down payment for the agreement at the time this letter of intent is sealed.

유사 판례

-울산지방법원 2017.11.16 2016가합23775

-울산지방법원 2015.11.26 2015가합720

-서울중앙지방법원 2020.11.26 2019가합581240

-부산고등법원 2017.10.19 2016나56113

-서울중앙지방법원 2019.07.23 2018가합565135