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(영문) 서울동부지방법원 2017.07.07 2017나20182
부당이득금 반환
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

On October 20, 2003, the defendant and the non-party C entered into a sales contract with the non-party D (the conclusion of the actual sales contract on behalf of the mother E) to set the sales price of KRW 360,012 square meters for four parcels, including KRW 21,322 square meters, owned by D and KRW 1,350,000,000,000,000.

(The above sales contract is “the first sales contract of this case.” In the first sales contract of this case, KRW 135 million for down payment, the intermediate payment of KRW 265 million for the date of the contract, the intermediate payment of KRW 200 million for the remainder of KRW 950 million on November 15, 2003, and June 30, 2005, the remainder of KRW 950 million was paid on June 30, 2005, and the remainder of the land purchased by the Defendant and C was paid by pre-sale for non-registration.

On November 19, 2003, the Defendant sold to the Plaintiff approximately KRW 3,500 of the above F Forest and approximately KRW 7,500 of the P Forest as KRW 190 million.

(hereinafter “instant secondary sales contract”). The Plaintiff paid the down payment of KRW 20 million to E at the Defendant’s request.

On March 1, 2004, the Plaintiff and the Defendant concluded a sales contract to resell 3,500 of the aforesaid PP land purchased by the Plaintiff and 2,700 of the forest purchased by the Defendant to KRW 650 million of the purchase price.

(hereinafter “The third sale contract of this case”). At the request of the Plaintiff and the Defendant, S paid the full amount of the purchase price under the third sale contract of this case to E who represented D.

On June 15, 2004, F forest land 21,322 square meters was divided into F forest land 2,853 square meters, G forest land 14,913 square meters, H forest land 1,422 square meters, and I forest land 2,134 square meters.

On October 29, 2004, the said G forest land of 14,913 square meters was divided into seven parcels of G forest land of 1,331 square meters, J forest of 557 square meters, K forest of 536 square meters, L forest of 594 square meters, M forest of 760 square meters, N forest of 765 square meters, N forest of 765 square meters, and O forest of 10,370 square meters (hereinafter the saidO forest of this case “instant land”).

After that, for the instant land, which is one of the land after the above division, Q Q. 27631 received on July 14, 2005.

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