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(영문) 울산지방법원 2017.11.02 2016가단12679
부당이득금
Text

1. The Defendants’ respective Plaintiff KRW 78,558,694 and Defendant B with respect thereto from October 8, 2016, and Defendant C with respect to each of the Defendants.

Reasons

1. Facts of recognition;

A. On June 3, 2004, the Plaintiff entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) under which the Plaintiff would sell each of the real estate listed in the separate sheet (hereinafter “instant real estate”) and four parcels (hereinafter “instant sales contract”) with Defendant B, and the same month.

4. The registration of ownership transfer of the instant real estate (hereinafter “the instant registration of ownership transfer”) was completed in the future of Defendant B without receiving the purchase price at Defendant B’s request.

(B) However, with respect to the remaining four parcels except the instant real estate, the registration of ownership transfer was made in the name of Defendant B, the controlling shareholder of Defendant B, because the land category of the instant four parcels is due to the lack of ownership transfer registration in the name of the corporation.

Defendant B delayed the payment of the purchase price under the instant sales contract, and the Plaintiff and Defendant B entered into a contract on July 13, 2004, stating that “If Defendant B did not pay the purchase price to the Plaintiff by July 23, 2004, the instant sales contract shall be rescinded.”

C. However, on July 23, 2004, Defendant B failed to pay the above purchase price, and on September 23, 2004 and October 7, 2004, Defendant B prepared to the Plaintiff a letter of statement stating “The purchase price pursuant to the instant sales contract shall be paid up to October 8, 2004, and if so, the Plaintiff shall not raise an objection even if he arbitrarily disposes of the instant real estate.” However, Defendant B did not pay the purchase price to the Plaintiff at all.

On the other hand, on August 17, 2004, according to the Busan District Court Order 2004Kadan33497 on the real estate of this case, the provisional attachment registration of the defendant C and the claimed amount of KRW 700 million (hereinafter "registration of provisional attachment of this case") was completed.

E. Defendant C applied for a payment order against Defendant B on the ground of “Defendant C lent KRW 700 million to Defendant B on June 15, 2004,” and on October 2013.

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