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(영문) 의정부지방법원 2015.05.14 2014가합2027
부당이득금반환 등
Text

1. The Defendants jointly share KRW 104,465,200 to the Plaintiff and Defendant A with respect thereto from April 25, 2014, and Defendant B.

Reasons

1. Presumed factual basis

A. (1) On December 31, 2012, the Plaintiff entered into a sales contract with the Defendants on December 31, 2012, the Plaintiff’s neighborhood living facilities and housing (hereinafter “instant building”) with C & C large 466 square meters on the ground, and five residential facilities and housing (hereinafter “instant building”) with the aforesaid building sites.

3) The sales contract of this case is a contract under which the sales price is KRW 3,750,000 (hereinafter “instant sales contract”).

(2) The main contents of the instant sales contract are as follows.

Article 1 (Sale Price) 375,000,000 won of down payment shall be paid on the contractual date, and the balance shall be paid on February 25, 2013.

Provided, That the payment date of the balance may be advanced by mutual agreement after the completion of the pre-determination.

Article 3 (Tax and Public Charges, etc.) (1) Profits accrued from the instant real estate and charges for gas, electricity, and water supply shall accrue to the Defendants on the basis of the balance date, while the remainder shall revert to the Plaintiff, respectively.

Article 12 (Matters of Special Agreement) (5) The Defendants are liable for and complete before the remainder of the evacuation order for the lessee, etc. of the instant building and deliver the said order to the Plaintiff.

B. On December 31, 2012, the date of the conclusion of the instant sales contract, the Plaintiff paid KRW 375,000,000 to the Defendants on December 31, 2012. (2) On January 18, 2013, the Plaintiff prepared and received a written confirmation of real estate name registration from the Defendants, and accordingly paid KRW 2,975,00,000 (= KRW 3,375,000,000 - 40,000) to the Defendants, and completed the registration of ownership transfer in the name of the Plaintiff as to the instant real estate.

2. Contents: 1) The Defendants order all the first, second, third, fourth, fourth, and fifth floors from March 30, 2013 after the alteration of the ownership of the instant real estate. 2. The Defendants are liable to the Defendants, and the Defendants are liable for civil and criminal liability. 3) The Defendants balance the lease deposit amount of 2.10 million won and the estimated surrender cost of 1.99 billion won.

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