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(영문) 서울동부지방법원 2016.12.16 2015가단3427
부당이득금 반환
Text

1. The Defendant shall pay to the Plaintiff KRW 95,00,000 and the interest rate of KRW 15% per annum from February 4, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On October 20, 2003, the defendant and the non-party C concluded a sales contract with the non-party D (the conclusion of the actual sales contract was represented by the mother E) to purchase the total of 36,012 square meters of the purchase price of KRW 1,350,000 (the contract amount of KRW 135,000,000 on the date of the contract, the intermediate payment of KRW 265,000,000 on the date of the contract, the payment of KRW 265,00,000 on November 15, 2003; the payment of KRW 950,000,000 on the outstanding payment of KRW 950,00 on June 30, 2005).

(The above sales contract is called the "instant sales contract"). B

On June 15, 2004, F forest land was divided into 21,322 square meters, F forest land (hereinafter referred to as “land to be specified as a parcel number, land category, and area”) and divided into 2,853 square meters of F forest land, G 14,913 square meters of forest land, H forest land into 1,422 square meters, and 2,134 square meters of forest land.

After that, on October 29, 2004, the said G 14,913 square meters of G forest was again divided into seven parcels of G forest land: 1,331 square meters, J 57 square meters of forest, 536 square meters of K forest, 594 square meters of L forest, M 760 square meters of forest, 765 square meters of N forest, 765 square meters of forest, and 10,370 square meters of forest land (hereinafter “O forest”).

C. On November 19, 2003, the Defendant: (a) determined that the sum of KRW 3500 square meters and KRW 700,000 out of the F Forest and P Forest and KRW 195,000,000 (the purchase price for the instant land among them is KRW 95,000,000) was the unregistered resale (hereinafter “instant secondary sales contract”); (b) at the time of the contract, the Defendant received KRW 20,000 as the down payment and KRW 170,000,000 from the intermediate payment and the remainder around June 2004, respectively.

After all, the transfer registration of ownership was completed in Q on July 14, 2005 in Q as of July 14, 2005 with respect to the land of this case, which is one of the land after the above division.

(hereinafter “instant transfer registration”). E.

On the other hand, the instant land was designated as a land transaction permission zone under the National Land Planning and Utilization Act on November 20, 2002, and its designation was revoked on January 30, 2009.

F. Final invalidation of the instant sales contract (1) is the Defendant.

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