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(영문) 서울서부지방법원 2014.10.07 2013가합7288
부당이득금반환
Text

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

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

Reasons

Basic Facts

The Defendants: (a) around September 2008, under the name of E Co., Ltd. operated by the Defendants (hereinafter Nonparty Co., Ltd.; hereinafter the same), concluded a contract for transfer and takeover with the Plaintiff on June 23, 2009 to transfer the instant business to the Plaintiff in the manner of transferring the non-party company to the Plaintiff on the following grounds: (b) on September 23, 2008, the Defendants: (c) concluded a contract for transfer and takeover of the content that the Plaintiff would transfer the proceeds of the non-party company to the Plaintiff to KRW 2,882,200,000; (d) concluded on September 23, 2009, with the Plaintiff as “B” and the Defendants as “B” and “B.”

(C) The Plaintiff paid the Defendants KRW 1,250,000,000 as the intermediate payment on July 3, 2009, and KRW 400,000 as the intermediate payment on August 3, 2009, and KRW 250,000,00 as the intermediate payment on August 11, 2009, and KRW 300,000 as the intermediate payment and the remainder on August 31, 2009.

The Defendants obtained permission from Defendant C to change the name of permission for liquefied petroleum gas filling business with respect to the instant G land from Defendant C to the Plaintiff on July 10, 2009. On August 24, 2009, the Plaintiff purchased the instant H and I land from F, and applied for land transaction permission from the head of Il-dong on September 24, 2009, with respect to the contract to purchase the instant G land from F by the non-party company.

F notified the Defendants to the effect that the sales contract was rescinded, as the Defendants did not receive the intermediate payment and the remainder even after September 31, 2009, for which the Defendants received the intermediate payment and the remainder of each of the instant land.

On January 27, 2010, the Plaintiff is liable for damages due to delay of intermediate payment and balance to F.

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