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(영문) 수원지방법원성남지원 2016.09.02 2015가합207743
부당이득반환청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On January 16, 2007, Defendant B entered into a sales contract with the Plaintiff as the purchase price of KRW 880,000,000 for the portion of 1,313 square meters prior to D, part of 77 square meters prior to E, F forest land 110 square meters, between the Plaintiff and the Plaintiff on January 16, 2007 (the contract amount of KRW 100,000 shall be paid on January 16, 2007, and the balance of KRW 780,00,00,000 shall be paid on February 13, 2007). Since facilities and other incidental facilities on the ground of the object of provisional division are owned by Defendant B, Defendant B shall transfer and remove the transferred property within two months after the transfer of ownership of the relevant land (hereinafter “instant first sales contract”).

(2) On November 16, 2007, Defendant B entered into a contract with the Plaintiff on the purchase price of KRW 1.02 billion with respect to D parts, G parts, H parts, and I owned by the Plaintiff (a contract amount of KRW 100 million shall be paid on November 16, 2007; an intermediate payment of KRW 400 million shall be paid on December 16, 2007; and the remainder of KRW 520 million shall be paid on February 28, 2008; the facilities and other auxiliary facilities on the ground of the provisional division shall be owned by the Defendant B; thus, Defendant B entered into a contract with the Plaintiff to transfer all of its accessory facilities owned by the Plaintiff and remove them within two months after the ownership transfer (hereinafter “the contract for the second sale; the contract for the sale of this case; the contract for the sale of this case shall be deemed to have been concluded with Defendant B’s plastic greenhouse facilities and ancillary facilities attached thereto; and the transfer of them to Defendant BD, 2008.

The term "the transfer contract of this case" (hereinafter referred to as "the transfer contract of this case").

AB concluded the agreement.

(c) Divided land 1-A.

Land stipulated in paragraph (1) was divided after each of the instant sales contracts, and the part relating to the instant case among the details of the division is as follows.

I Land on December 2013.

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