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(영문) 수원지방법원 2016.12.01 2016가단513087
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendants, with the trade name of M, engaged in the development and sale of the entire project site of this case (hereinafter “the entire project site of this case”) with the N of the wife population N,645.65 square meters. After completing the sale in neighboring the entire project site of this case, the Defendants developed and sold two-lanes of the entire project site of this case from around 2014 to around 2014.

B. From May 10, 2014 to September 2, 2015, between the Defendants and the Defendants, the Plaintiffs concluded a sales contract between each of the instant entire project sites with respect to the purchase price of KRW 145 million to KRW 250,000,000 or KRW 1450,000,000. However, the Defendants developed as a site for the entire housing and transferred the purchase price to the Plaintiffs (hereinafter “each of the instant sales contracts”) and paid all of the purchase price.

C. After completing necessary procedures such as land partitioning, the Defendants completed each registration of ownership transfer with respect to the Plaintiffs’ share of each exclusive ownership area and common area purchased. D.

In the future of the Plaintiffs, the land for which the registration of the transfer of each share was made, was part of the entire project site of the instant case, and 1,124 square meters (hereinafter referred to as “the instant forest”) of O,124 square meters of land (hereinafter referred to as “the instant forest”) were buried as excellent water and sewage pipes to be used in the site for the instant electric source housing, and planted trees on that ground. Since the instant electric source housing site was attached to the land, the Defendants constructed a retaining wall between the instant forest that is the lower part of the instant forest and the instant electric source housing that is the upper part of the instant entire project site, and installed pents on the upper part thereof.

[Ground of recognition] Facts without dispute, entries and videos of Gap evidence 1, 4-13, and 23 (including both paper numbers; hereinafter the same shall apply), Eul evidence 3-7, and the purport of the whole pleadings

2. Claim of this case

A. The Defendants are providing the Plaintiffs with counseling for the purchase of electric power units.

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