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(영문) 대구고등법원 2019.11.01 2019나22341
부당이득금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Facts of recognition;

A. Status 1) The Plaintiff is the party in Daegu-gu Mdong (hereinafter “Mdong”).

() A regional housing association established on April 21, 2016 by the residents residing in the site E is a regional housing association for the purpose of acquiring a house, and Defendant B is a housing redevelopment project promoted by the Plaintiff (hereinafter “instant project”).

2) Defendant B’s land is 1,519m2 (hereinafter “Defendant B’s land”).

() The former owner of the instant land and Defendant D, in the aggregate of 98 square meters in H miscellaneous land, 98 square meters in the instant land, 970 square meters in I miscellaneous land, and 692 square meters in J warehouse site (hereinafter “Defendant D land”), are 1,760 square meters in total, and the respective land in this case, including Defendant B and D land.

(2) On July 17, 2015, the date of its establishment, the Plaintiff entered into a sales contract with the non-party K Co., Ltd. (hereinafter “non-party Co., Ltd.”) that purchased the instant project site to carry out the instant project, and entered into a business license agreement with the Plaintiff to transfer the right to the instant project site that the non-party Co., Ltd. entered into, and pay the purchase price to the Plaintiff.

B. 1) The non-party company is a company running the housing construction project, etc. from around December 2014 to E, and was promoting the purchase of a site for the implementation of the instant project. However, the Defendants, the owners of each of the instant land within the instant project site, as well as the Defendants, who were the owners of each of the instant land within the instant project site, also on December 9, 2014 and December 22, 2014, are as follows: (a) the sales contract for each of the instant land (e.g., the “each of the instant primary contracts”).

AB concluded the agreement.

The down payment of the purchase price as of December 9, 2014, as evidence of the down payment of the Defendant contract date B, KRW 350 million, KRW 350 million, KRW 6,000,000,000, KRW 1D 1,525,000,000 KRW 4.5525 billion on December 22, 2014, KRW 4.552 million on April 30, 2015, the down payment common with KRW 8,000,00 KRW 4.55 billion on December 22, 2014, shall be paid until April 30, 2015, and the remainder of the sale shall be paid until September 30, 2015, each contract becomes void and paid to the seller.

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