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(영문) 서울북부지방법원 2017.05.25 2016가합2240
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The pertinent Plaintiff of the parties, etc. was registered from May 9, 2003 to October 10, 2008 as a director of Nonparty D Co., Ltd. (hereinafter “D”) for the purpose of real estate enforcement, construction, etc. as a person who owned B and C (hereinafter “instant land”) in Namyang-si, Namyang-si, and the Plaintiff’s mother is the E representative director of D.

The defendant is a company aimed at real estate development business, etc.

D’s promotion of housing complex development project was to formulate and propose a draft of G District Management Plan as a project implementer in order to create a housing complex in the Republic of Korea, Namyang-si, Namyang-si (hereinafter “instant development site”), and the remaining Yangyang-si market determined to modify the G District Management Plan on February 12, 2007 and announced it as H publicly notified by the 2nd Office of Gyeonggi-do.

D and I’s agreement on October 24, 2007 between D and I, on October 24, 2007, transferred K, L, and M (hereinafter “the instant church land”) to the Foundation Corporation I (hereinafter “JJ”) on October 24, 2007, and the JJ association agreed to set up a provisional registration of the right to claim ownership transfer registration of the instant land to D in consultation with the Plaintiff.

(hereinafter “instant agreement”). In preparing a pre-sale agreement between the Plaintiff and D on October 24, 2007, the purchaser A, “A,” and the seller Co., Ltd., “B,” respectively, shall make a pre-sale agreement as follows.

1. “B” will establish the provisional registration of the right to claim ownership transfer registration on the condition that “A” establishes the provisional registration of the right to claim ownership transfer registration in the name of the Foundation I other than the contract for “B” and “B” in the Namyang-si, Nam-do.

However, the difference will be settled when the registration of transfer of ownership is made by comparing the appraised value of both lands.

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