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(영문) 광주지방법원 2015.04.10 2014가합2961
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff and the defendant's business relationship 1) The defendant and the non-party D are five parcels, non-party E (hereinafter "E land") in Gangnam-gun, Gangnam-gu.

2) On the ground, the apartment of 78 households on the ground (hereinafter “F apartment”).

(G) and one parcel, other than the G of the Gangnam-gun, Gangnam-gun (hereinafter referred to as “G land”).

A) On the ground, 29 households’ building (hereinafter “H”) is named H.

2) The business of newly constructing and selling a new project (hereinafter referred to as “instant project”).

(2) The Defendant purchased E land from I and J on September 8, 201, and completed the registration of ownership transfer in the name of the Defendant.

3) During the process of the H construction project by obtaining a construction permit under the name of L/M in its own name, K entered into a contract with the Defendant to transfer the above G land and H new construction project to the Defendant, and accordingly, the Defendant and D continued the H construction project on September 22, 2011. (4) The Plaintiff jointly conducted the instant project by investing KRW 300 million in the Defendant and the Plaintiff, and agreed to establish a corporation for the instant project, establish the corporation for the instant project, and the ratio of the said business was to be Defendant 6 and Plaintiff 4. According to the said agreement, from the end of August 201 to the end of September 2011, the Defendant paid KRW 300 million in total to the Defendant as investments.

B. 1) Transfer of F apartment construction business is difficult to carry out the instant business due to the aggravation of financial standing, and the Defendant, among the instant business, shall sell the F apartment construction business and sell E land to KRW 1 billion between N and one other on May 3, 2012 (hereinafter “instant sales and purchase provisional contract”).

A) The sales price is as follows. The main contents of the above sales price are as follows: 1 billion won contract: 200 million won contract; - the buyer is entered as one other N, but the buyer is specified under the seller’s permission at the time of paying any balance, and the seller (the Defendant) accepts it. - The seller (the Defendant is about 100 million won of the down payment of the down payment of KRW 200 million of the down payment of the down payment of KRW 200 million.

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