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(영문) 대구지방법원 2021.01.12 2020나321157
부당이득금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

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

Reasons

1. Basic facts

A. The Plaintiff and D’s land ownership relationship 1) was owned jointly with D with C, a cemetery of 1,402 square meters (hereinafter “C before subdivision”) in the Gyeongdong-gun, Seogdong-gun, Gyeongbuk-do, and the Plaintiff owned the land. However, the Plaintiff’s share was 706/1402 and D’s share was 696/1402.

2) 706 square meters (hereinafter “E”) affiliated with the land B prior to the subdivision were owned by D alone.

B. On February 14, 2014, the Plaintiff and D entered into a real estate sales contract between the Plaintiff, D and the Defendant with the Defendant to sell for KRW 400,00,000 the remainder of 1,134 square meters of the purchase price, excluding the part of the land, which was subject to the procedures for collecting and paying the donation of the land, as a road site, among the entire land and the land, E, and the part of the land, which was divided into 268 square meters of land (hereinafter “G land”), among the land before subdivision, for KRW 80,00,000 of the sale price, and KRW 320,000 of the remainder of the sale price, were divided into D and D (hereinafter “instant real estate sales contract”).

3) At the time of the conclusion of the instant real estate sales contract, the three forms of contract have been prepared (in the case of the first written contract, two copies were transcribed in the next page).

On the other hand, the sales contract (No. 1 and No. 6-1) created by the Defendant, as the buyer, by means of direct entry of land E in H) and the first place of the contract (No. 2-2) was kept by F, among the sales contract concluded by the Defendant, one of the sellers, the Plaintiff, one of whom is the seller, who is the seller, and the other one (No. 2-1) of the sales contract created by being transferred.

1) The special terms and conditions of the transaction contract of this case are stipulated in the item column of the transaction contract which was made at the time of the conclusion of the transaction contract of this case.

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