logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.06.24 2015가단131964
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

C, D, and E purchased approximately 1,461.3 square meters (hereinafter “instant land”) in the petitioner-gu, Cheongju-si on April 17, 2002, and completed the registration of ownership transfer on December 1, 2003 with respect to each of 1/3 shares.

C On January 31, 2011, the Defendant sold 1/3 of the instant land to the Defendant and completed the registration of ownership transfer on February 9, 2011.

On April 16, 2012, the Plaintiff and G Co., Ltd. (hereinafter referred to as “G” in combination with the Plaintiff and G (hereinafter referred to as “Plaintiff, etc.”) concluded a sales contract (A) with Defendant, D, and E (hereinafter collectively referred to as “Defendant, etc.”) to purchase the instant land from the Defendant, etc. with KRW 2.21 billion (hereinafter referred to as “Defendant, etc.”).

The main contents of the above sales contract are as follows.

Article 2 The purchase price under this Agreement shall be KRW 2.21 billion, and the transfer income tax on the defendant, etc. arising from this Agreement shall be fully borne by the plaintiff, etc.

Article 3

1. 21 million won of this contract down payment

4.6. Substitutes for deposits into the Defendant’s account.

2. The Plaintiff et al. shall complete the remainder of the contract and the capital gains tax of the Defendant et al. incurred therefrom within 20 days from the date of the contract (payment of the balance on May 7, 2012) and complete the registration of ownership transfer with the Plaintiff et al.

3. The plaintiff et al. shall pay two billion won (one bank) borrowed by the defendant et al. simultaneously with the registration of transfer of ownership.

4. The defendant, etc. shall delegate and keep the transfer documents to a certified judicial scrivener office designated by the defendant, etc. prior to the scheduled date of balance.

5. The interest (interest from the loan to the balance) and registration expenses, real estate fees, and redemption fees, etc. arising from the principal contract shall be borne by the Plaintiff, etc.

Article 4 (Written Consent to Land Use for Building Permit) shall be provided to the plaintiff, etc. so that the plaintiff, etc. may promote the project after the conclusion of this contract.

Article 5 (Real Estate) The plaintiff et al.

arrow