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(영문) 의정부지방법원 2015.07.14 2014가단20127
부당이득금
Text

1. The Defendants jointly pay to the Plaintiff KRW 50 million and the interest rate of KRW 20% per annum from June 11, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The forests and fields subject to sale are classified as forest land listed in the separate sheet (hereinafter “instant forest”).

(2) Around March 7, 1994, Defendant C (the wife of the deceased) succeeded to the forest of this case at the respective 2/9 shares of 3/9, Defendant B, D, and E (the offspring’s children) upon his death. Based on their respective shares of shares, the Defendants’ joint ownership transfer registration for the forest of this case was completed on October 27, 201. (2) On November 22, 2013, the Defendants provided Defendant B with the forest of this case as a collateral and provided the forest of this case to Defendant B as a collateral for the forest of this case and set up the right to collateral security (hereinafter “mortgage of this case”).

B. On December 23, 2013, the Plaintiff entered into a sales contract between the Plaintiff and the Defendants (hereinafter “instant sales contract”) with the terms of purchasing KRW 50 million for the instant forest land from the Defendants (Provided, That Defendant C, D, and E acting by Defendant B) in the name of the Plaintiff and one other (hereinafter “instant sales contract”).

Article 1 With respect to the sale of forest land of this case, the seller (the defendant is named; hereinafter the same shall apply) and the buyer (the plaintiff is named; hereinafter the same shall apply) shall pay the purchase price by agreement as follows:

-The purchase price of KRW 50 million - down payment of KRW 50 million - the intermediate payment of KRW 300 million - succession of the intermediate payment of KRW 300 million - the intermediate payment of the forest of this case of KRW 200 million - the intermediate payment of the forest of this case of KRW 200 million will be succeeded to the amount of the term loan, and the purchase after the date of the contract, shall have reached an agreement after the payment of the interest

Article 3: The down payment and intermediate payment shall be established after the contract date, and the balance shall be deposited by January 13, 2014.

Matters of special agreement

1. Above

4. 6. (Omission)

5. The payment of loans after the payment of any balance shall be made as security without any objection.

7. The buyer desires to change the contractor.

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