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(영문) 수원지방법원안양지원 2017.11.29 2016가단120951
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts of recognition C and D were conducted from around 2011 to build and sell commercial buildings and officetels on the land of the Gu E in Gyeyang-si (hereinafter “instant business”).

C and D entered into an investment arrangement with the Defendant on May 16, 2012 as follows:

Article 2 (Agreement Amount) ① “B” of Article 2 (Agreement Amount) ① Some of the land units of “A (C and D)” and project cost subsidies of KRW 500,000,000 to KRW 518,00,000,000 for the pre-invested funds of KRW 50,000,000 for the period of Ansan-si at the same time, for which the agreement for the scheduled sale of the number of units of the sub-divided E units has been concluded is 118,00,000,000 B, 59-15 B, 126,000,000 for the 56,000,000 from April 9 to 15, 200, and KRW 20,000 for the 20,000,000 for the pre-invested funds.

2. At the time of the deposit of the above-mentioned agreement, 20 households fixed shall be preferentially allocated as above, and each sale contract shall be issued at the time of approval for sale.

The Plaintiff related to the instant business on May 11, 2012

6. On 15.15. Each transfer of KRW 50 million in total to the Defendant’s account, each of which was issued a written agreement on the sales rights of officetels in the name of C.

On October 17, 2014, the project site of the instant case was subject to the registration of ownership transfer on the ground of sale as of September 17, 2014.

On the other hand, D died on January 27, 2014, and F, its son, was the same year.

7. 31. An adjudication by inheritance has been issued on an approval of qualification.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 6-2, 11, 14, Eul evidence Nos. 4 and 5, and purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion (1) The Defendant promised to have the Plaintiff deposit KRW 25 million per officetel due to the lack of the instant business funds, with the payment of KRW 25 million per officetel, to allow the Plaintiff to purchase an officetel by reducing the sales price of KRW 20 million, and to receive KRW 50 million from the Plaintiff.

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