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(영문) 서울고등법원 2018.05.17 2017나2054372
부당이득반환 청구의 소
Text

1. The judgment of the first instance court, including the defendant (Counterclaim Plaintiff)’s counterclaim that was reduced in the trial, is as follows.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Facts of recognition;

A. 1) The Plaintiff signed a contract for the sale of real estate and the transfer of the right to operate a child-care center (1) shall be the Plaintiff’s “instant real estate” in total of the land and the building on land (hereinafter “site and the building”) in Nam-gu Incheon Metropolitan City, and the “instant building” in the event

(2) On January 13, 2015, the Plaintiff and the Defendant concluded a contract for the transfer of real estate sales and operating rights to the instant real estate and the instant real estate and the instant real estate and the instant real estate and the instant real estate and the instant real estate are divided into KRW 70 million, and the real estate sales and the instant real estate sales and the instant real estate sales and the instant real estate sales and the instant contract for the transfer of operating rights to the childcare center was drafted again as of January 13, 2015, by dividing the goodwill into KRW 70 million.

(hereinafter referred to as the "instant contract" in total, and child-care centers (hereinafter referred to as the "child-care centers of this case") subject to the contract. (b)

Pursuant to the instant contract, the Defendant paid the Plaintiff the down payment of KRW 50 million on January 13, 2015, and the intermediate payment of KRW 350 million on January 28, 2015, respectively. The Plaintiff completed the registration of ownership transfer on the instant real estate upon the receipt of intermediate payment and transferred the right to operate the childcare center to the Defendant. (2) Meanwhile, on January 28, 2015, the Plaintiff and the Defendant agreed to reduce the total transfer payment of KRW 20 million on January 28, 2015, which is the date of intermediate payment, to determine KRW 750 million.

3) On January 28, 2015, the Defendant issued to the Plaintiff a promissory note with the due date of payment of KRW 350 million as of February 28, 2015, and entrusted the Plaintiff with the preparation of a notarial deed on the said promissory note. (c) An application for authorization for the change of childcare centers and a notice of the request for the supplementation of facilities was made. The Plaintiff and the Defendant, according to the instant contract, are below the office of Nam-gu Incheon Metropolitan Government on February 4, 2015.

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