logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2015.04.09 2014가합20025
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. The parties’ relationship 1) The Plaintiff is the 3-story building of reinforced concrete structure, concrete roof on the Hayang-si, Ansan-si G and H Yang-si (hereinafter “instant building”). The instant building and its site are combined with the instant building and its site.

(2) Defendant F is the representative director of Defendant E Co., Ltd. (hereinafter “E”) who manufactures, distributes, or sells livestock products in the vicinity of the instant real estate; Defendant C is the wife of Defendant F; Defendant B is the person who is the person of Defendant F; Defendant D is the person of Defendant F; Defendant D is the father of Defendant E, a director of Defendant E.

B. Current status of the instant real estate and contractual relationship 1) The Plaintiff is the mother of J and 102 of the instant building (hereinafter “instant restaurant”).

2) On May 18, 2006, the Plaintiff completed the registration of creation of a neighboring mortgage on the instant real estate with the name of “K” in order to secure the obligation for loans to AD Mutual Savings Bank, and the Plaintiff offered that Defendant F purchase the instant real estate by taking over the secured obligation, etc., with respect to the instant real estate as the maximum amount of debt, KRW 3,250,000,000, the debtor, the Plaintiff, and the collateral-mortgage Co., Ltd.

3) In the course of negotiations between the Plaintiff and Defendant F with respect to the sale of the instant real estate, the following agreements, a lease contract, a sales contract, etc. were prepared between J and Defendant C: (A) The K sales contract was formulated on December 21, 2009 as follows:

(hereinafter referred to as “the instant sales contract”). The seller: J and the buyer: Defendant C transfer all the facilities and equipment installed in the instant restaurant (cafeterias, equipment, etc.) and goodwill.

Where the restaurant in this case becomes a buyer or defendant E, the sale price of KRW 80,000,000, and the third person.

arrow