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(영문) 서울중앙지방법원 2017.08.10 2014가합60175
부당이득금반환등
Text

1. The Plaintiff:

(a) Defendant D’s KRW 1.859 billion and its amount per annum from May 13, 2014 to January 26, 2016;

Reasons

1. Basic facts

A. Status 1) The Plaintiff is a multi-family housing business (hereinafter “multi-family housing business in this case”) in the Fluri-si, Seosan-si.

(2) Defendant C, as the actual representative of the Plaintiff, transferred the management rights and shares of the Plaintiff, including the instant multi-family housing project, to G Co., Ltd on March 5, 2013 while promoting the instant multi-family housing project.

After that, on April 30, 2013, Defendant C would receive service costs of KRW 2 billion between the Plaintiff and the Plaintiff, entered into a business consulting service agreement with the Plaintiff, which is delegated by the Plaintiff to purchase the apartment site of the said apartment project, on behalf of the Plaintiff, and decided to take charge of purchasing the apartment site necessary for the instant apartment project, such as concluding a sales contract on behalf of the landowner and transferring the ownership.

3) On March 5, 2012, at the time when Defendant C operated the Plaintiff, Defendant C would receive KRW 1 billion service charges between the Plaintiff and the Plaintiff, and entered into a business service agreement with the Plaintiff, which was delegated by the Plaintiff to purchase apartment site, and was in charge of purchasing apartment site necessary for the said apartment project by concluding a sales contract on behalf of the Plaintiff, and transferring ownership. Defendant C entered into the above business consulting service agreement with the Plaintiff, and Defendant C was in charge of purchasing apartment site with Defendant C, along with the Plaintiff’s apartment site from that time. Defendant C took charge of purchasing apartment site. Defendant C performed the business of purchasing apartment site with Defendant C, D, and Defendant C and D.

B. On April 12, 2013, the Plaintiff and the Defendant B entered into a sales contract between the Plaintiff and the Defendant B, and the Defendant C and D, on behalf of the Plaintiff, part (5,99 square meters, 1,813 square meters, 1,813 square meters, 2,185 square meters, and 2,185 square meters, and 2,185 square meters, on behalf of the Plaintiff.

The real estate is to purchase the purchase price of KRW 130,00,000 for the building and KRW 1.3 million for the land price, KRW 1.3 million for the land price, and KRW 2.486,90,000 for the land price.

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