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(영문) 광주지방법원 2017.02.02 2016가합53819
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. 1) On April 17, 2015, the Plaintiff entered into a sales contract with Defendant B and Nonparty E for real estate indicated in attached Table 1 (hereinafter “instant land”) between Defendant B and Nonparty E on April 17, 2015.

2) The building mentioned in paragraph 2 of the same list and section 2 of the same list (hereinafter referred to as the “instant building”), and the instant land and buildings together are “the instant real estate.”

A) A sales contract stating that the purchase price shall be KRW 3.87 billion, KRW 100 million, and the remainder payment date of the purchase price shall be determined on June 30, 2015 (hereinafter “instant sales contract”).

(2) On June 30, 2015, the Plaintiff prepared a separate contract for the transfer and takeover of the right of the Defendant C, the transferee, the Plaintiff, and the premium amount of KRW 3.9 billion (hereinafter “instant restaurant”) to obtain a loan from the bank and submitted it to the bank on June 30, 2015. On the same day, the Plaintiff entered into a contract for the transfer and takeover of the right of the Defendant C, the Plaintiff, and the premium amount of KRW 200 million (hereinafter “instant restaurant”) with the Defendant B, who represented by the Defendant C and D, to acquire the “G” restaurant on the first floor of the instant real estate (hereinafter “instant restaurant right transfer contract”). ② The “H office” on the fourth floor of the instant real estate (hereinafter “instant office”). The instant contract for the transfer, transferee, the Plaintiff, and the premium amount of KRW 100,000,000,000,0000,000,000,000).

3) The Plaintiff paid to Defendant B KRW 100 million as the down payment under the instant sales contract, and KRW 300 million as the premium under each of the instant contracts for acquisition of rights. (B) The Plaintiff established a limited liability company I on April 27, 2015, and on the same day.

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