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(영문) 부산지방법원 2015.06.12 2014가합49169
부당이득금
Text

1. The Defendants jointly share KRW 620,000,000 with respect thereto to the Plaintiff and the period from September 20, 2014 to June 12, 2015.

Reasons

1. Facts of recognition;

A. The Defendants, on September 2, 2005, jointly owned one-half of one-half of one-half of one square meter in the Seoul Northern-gu, Daegu Northern-gu (the land was divided into three hundred and twenty-eight point five square meters in size and twenty-eight point five square meters in size on August 9, 2013) and thirty-eight point four square meters in size (this land was divided into three-eight point four square meters in size and thirty-eight point four square meters in size on August 9, 2013) and one-half of one-half of one-half of one house for the appraisal of mentment and extractment of one-half in each of the above real estate, entered into a sales contract with the said real estate as follows:

(A) The term “A” means the Defendants, “B,” and “B,” means Scarland). Article 2 [based on the payment of the purchase price in lieu of B] ① The purchase price to be paid by B to A under this contract is to be paid as substitute for a commercial building in a complex building in which B will be newly constructed.

Provided, That 70 million won shall be paid separately from the substitute matters by moving expenses;

(2) In the case of the substitute payment under paragraph (1), B shall be located on the side of the first floor in the commercial building to be newly constructed and supplied to A, and the area of commercial building shall be 100% (31.01 square) of the area of land to be traded on the basis of its exclusive area.

The commercial buildings to be paid as a substitute shall be selected by A, and B will sell the remaining commercial buildings after A selects the commercial buildings to be paid as a substitute.

(5) If A finds it inappropriate to settle the accounts of a substitute for reasons attributable to B, such as the violation of obligations prescribed in paragraph (2) by B, A may demand the payment of the amount equivalent to the ordinary sale price (31.01 square meters per ordinary sale price, hereinafter referred to as "land compensation") of the commercial buildings listed in paragraph (2) (the commercial buildings on the first floor designated by A among the commercial buildings on the second floor) in lieu of the accounts of substitute.

However, if the amount calculated on the basis of the general sale price is less than 470 million won, A shall pay B in lieu of the general sale price.

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