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(영문) 수원지방법원 안양지원 2018.01.12 2017가합102384
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On December 26, 2002, Plaintiff B, C, Defendant, and E purchased KRW 3,534 square meters in total, G forest and park sites, 200 square meters in total, and KRW 3784 square meters in total, 5,574 square meters in Fandong-gu, a foundation (hereinafter “Yandong-gu Foundation”), excluding a total of 2,040 square meters in land and park sites, and KRW 3,534 square meters in total, G forest and forest and KRW 200 square meters in total, and KRW 3784 square meters in total (hereinafter “instant land”) in total, and paid KRW 1.6 billion in down payment with money contributed by Plaintiff B on the same day.

B. After that, the plaintiffs, the defendants, and E agree to jointly carry on the business of newly building and selling loans on the land of this case (hereinafter "the business of this case"). On February 11, 2003, the plaintiffs A decided to contribute KRW 20 million to the business of this case on the same day, KRW 50 million on February 28, 2003, KRW 180 million on March 28, 2003, and KRW 360 million on March 28, 2003, including KRW 150 million on the above down payment, and the plaintiff B invested KRW 150 million on the investment of KRW 50 million on the down payment of KRW 50 million on the purchase of the land of this case, after evaluating the interest of KRW 50 million on the down payment of KRW 50 million on the purchase of the land of this case, and invested KRW 141 million on the aggregate.

Around March 2003, the Defendant received an investment of KRW 500 million from I in order to implement the shortage in addition to the investment funds of Plaintiff A and B, and appropriated the shortage in the purchase price.

C. Meanwhile, on June 30, 2004, the Plaintiffs, the Defendants, and E agreed to the purchase price of KRW 1,52,60,000 by reducing the purchase price from KRW 3,665 square meters on the ground that part of the instant land was incorporated into a road site and then reducing the purchase price from KRW 1.665 square meters.

The land of this case was divided into 13 lots (hereinafter referred to as "W-dong land") in Yeongdeungpo-gu J, K, L, M, N,O, P, Q, Q, R, S, T, U, and V through two stages of subdivisions (hereinafter referred to as "each land"). On September 8, 2004, J and V land among the above real estate were in the name of Plaintiff B, and P land was in the future of September 1, 2004, in the future of the first, R and S land.

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