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(영문) 의정부지방법원 2017.11.30 2017가단100307
부당이득금
Text

1. Defendant B’s KRW 86,452,830 as well as 5% per annum from January 14, 2017 to November 30, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The registration of transfer of ownership in the name of the Defendant A was completed on the grounds of sale as of August 30, 2002 with respect to the land of 1,942 square meters in Dong-gu, Dong-gu (hereinafter “instant land”). On September 29, 2014, the registration of transfer of ownership in D was completed on the grounds of sale as of July 28, 2002, and the registration of transfer of ownership in D was completed on September 23, 2014.

B. On December 4, 2012, Defendant A entered into a contract with Defendant B to sell the instant land to KRW 800 million (on December 14, 2012, KRW 150 million (on December 14, 2012, KRW 600,000,000 at the time of the contract payment of KRW 50 million, KRW 150,000,000) and agreed on the following matters:

1. A seller shall place an order to a buyer simultaneously with a land sale contract;

2. The buyer shall make a preferential payment for the purchase price of the land at the same time when a house is constructed and sold at the same time as the land is ordered.

3. A land seller shall provide a purchaser with all documents necessary for the construction of housing simultaneously with a sale contract;

4. The buyer may not bear any responsibility for the expenses necessary for the construction of a house to the seller; and

6. If the buyer fails to complete the extension for a period of more than one year, the buyer will waive all the down payment and intermediate payment, waive all the construction cost already in the construction, and waive all the materials and tools brought into the construction site.

C. On June 4, 2013, Defendant B, as the purchaser of the instant land, entered into a contract with the Plaintiff to contract the E-construction project (hereinafter “instant contract”) on the ground of the instant land (hereinafter “instant contract”) with the Plaintiff to pay the Plaintiff the price of KRW 2,574,00,000 for construction works or the progress payment at the time of sale in lots or financing.

In addition, the document of “special engineer claim” attached to the instant contract refers to Defendant B’s repayment of the development contribution amounting to KRW 40,000 per day to the Plaintiff, separately, in the case of the flag.

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