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(영문) 서울중앙지방법원 2016.12.16 2015가합500731
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Determination as to Plaintiff A’s claim

A. On October 7, 2006, B, based on the facts that the Defendant constructed on the two parts of the U.S. Emirate (after that, the above 1112 had been changed to the heading number 1712 at the request of an administrative office).

hereinafter referred to as “C Apartment”

(2) As to the prior subscription for sale, the following subscription forms shall be prepared (hereinafter referred to as “instant subscription forms”):

(1) On October 10, 2006, the Defendant paid the subscription amount of KRW 5 million (the “A” and the “B” refer to the Defendant and the “B”.

(a) Applicant: B (Seoul DAPT 313 Doz. 1203, E): 3Bed Type, 1112: 5,00,000 won (5,00,000 won);

2.B shall deposit 5 million won (5 million won) advance subscription to purchase Type above in the account designated by A.

4. This offer shall remain in force until the conclusion of the contract, and the subscription amount deposited B with the notice of Party A’s cancellation of subscription at the time of a non-contractual contract within 10 days from the date Party A’s request for contract shall be refunded.

Provided, That the balance shall be refunded after deducting the various expenses calculated by A, such as the basic expenses incurred in participating in the field investigation at the request of B.

5. To substitute as part of the down payment at the time of the principal contract.

2) Around that time, B received from the Defendant’s employees a written guidance on the contract conversion and the payment method for the sale price stating the following (hereinafter “instant guidance”) with respect to the sale of C Apartment 1112, which is 66.22 square meters in size:

(2) On October 10, 2006, a non-participating bidder entered into a contract until October 10, 2006, and entered into a sales contract with the Defendant’s employees at around October 10, 2007 at the time of entering into a contract with the 10% of the remainder of the 6th mid-to-date 10% of the 10% of the remainder of 10% of 10% of 10% of 10% of 10% of 30% of the 30% of the 30% of the 3rd mid-to-date 10, 2006.

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