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(영문) 서울고등법원 2018.10.19 2018나2007724
부당이득금
Text

1. The plaintiff's appeal and the claim selected by this court are all dismissed.

2. After filing an appeal.

Reasons

1. Basic facts

A. The Plaintiff purchased and reselled real estate with Defendant C to obtain profits from the resale after the purchase and development of the land, and received the introduction of D and E, the owner of the land to be purchased from Defendant C.

On September 19, 2012, the Plaintiff: (a) paid the purchase price to each real estate listed in the separate sheet No. 1 as KRW 908,00,00 with D; (b) KRW 2,92,00,000 with respect to each real estate listed in the separate sheet No. 2 (hereinafter “instant land” together with the real estate listed in the separate sheet No. 1); and (c) entered into a contract with E; and (d) KRW 10,000 with respect to each real estate listed in the separate sheet No. 2 separate sheet No. 1 with D; (b) within one month from the date the approval for the new establishment of a factory (hereinafter “authorization permission”; and (c) the remainder shall be paid in exchange for the transfer of ownership; and (d) if the Plaintiff fully pays the remainder within the payment period after obtaining the authorization and permission, the down payment shall belong to D and E; and (d) concluded a contract with D, E and the Plaintiff to establish a grace period for the remainder (hereinafter “instant sales contract”).

The Plaintiff paid the down payment of KRW 390,000,000 to D and E according to the instant sales contract.

On October 19, 2012, the Plaintiff reselled the instant land to F Co., Ltd. (hereinafter “F”) at KRW 6,175,00,000 (the “instant resale agreement”).

According to the instant resale contract, the down payment out of the purchase price shall be KRW 5,00,000 for each purchaser, and shall be paid until October 31, 2012, and the remainder of the payment date is February 20, 2013.

In addition, the resale contract of this case has the following provisions.

Article 2 Sales Price shall be KRW 6,175,00,000, based on the acquisition of factory approval from the above site at 6,500 and the creation of land that is not defective in the completion of civil works.

§ 5.

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