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(영문) 서울고등법원 2019.05.31 2018나2053536
부당이득반환청구
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs ordering payment under paragraph (2) shall be revoked.

2. The Defendants jointly do so.

Reasons

1. Basic facts

A. 1) The Happiness Co., Ltd. (hereinafter “Happiness”) is a party.

A) As a company established for the purpose of operating a sanatorium for older persons, the medical care center for older persons (hereinafter “instant medical care center G”) is mutually named as “G” from the building of the 1,916 square meters and above the 4th floor and the 1st floor of the pentyang-gu, Seoyang-si, Busan-si, and the 1st floor in

The Medical Care Center for the Aged (hereinafter referred to as the “Medical Care Center I of this case”) is named as “I” in the building of 1,922 square meters and above ground and 4 stories and 1st floor of a rooftop.

Defendant C is a de facto representative of the non-party company, and the Defendant C operates the non-party company jointly with Defendant D, a representative in the name of the corporate registration and the wife. 2) The Plaintiffs were both parents, both J and K, and the non-party company, including the non-party company, to purchase the medical care center 2 and G.

B. 1) On August 2, 2017, J, K, the parents of the plaintiffs, and K, the non-party company and ① the non-party company’s company’s 98% shares and the non-party company’s corporate body, ② the operation right of the medical care center G (including a participant, facility, house, etc.), ③ the site and buildings of the instant medical care center, ④ the non-party company’s business license and license are purchased from the non-party company for KRW 5,381,00,000, and the down payment is KRW 490,000,000,000,000 each paid on August 31, 2017 (hereinafter “corporate sales contract”).

(2) At the same time, the Plaintiffs purchased the instant medical care center I’s land and building from the Defendants and them in KRW 3,450,000,000, and concluded a real estate sales contract (hereinafter “instant sales contract”) with each of the terms and conditions that the Defendants pay the remainder KRW 2,950,000 on August 21, 2017 on the contract date, and the remainder KRW 500,000,000 on the contract date.

J shall purchase the purchase price of KRW 30,000,000,000,000 for the purchase price of KRW 120,000,000,000,000,000 for the remaining 20,000,000,000 on the contractual date, respectively.

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