logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.06.19 2019가단513
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 23, 2007, the Plaintiff and the Defendant purchased the Defendant’s share (4/44) in the amount of KRW 300 million among the 17,817,00 square meters of land C in Seongdong-gu, Sungnam-si (hereinafter “C Forest”). The Plaintiff drafted a sales contract (hereinafter “instant sales contract”) with the content that KRW 30 million shall be paid as of December 12, 2007 for the intermediate payment of KRW 120,000,000,000 for the remainder payment of KRW 150,000 on December 28, 2007.

B. On December 4, 2007, the Plaintiff prepared and issued a receipt (Evidence A 4-2) stating that the Plaintiff received KRW 150 million from the Defendant as an intermediate payment of the above purchase price (Evidence A-4-2), and on January 17, 2008, that he received KRW 20 million as part of the remainder of the above purchase price (Evidence A-13), and thereafter, prepared and issued a receipt (Evidence A-4-3) stating that “I receive 350 million won in total as of March 26, 2008 as of March 26, 2008.”

C. C Forest land was designated as land transaction permission area, and its designation was cancelled on January 30, 2009.

On April 21, 2009, the Defendant received an additional amount of KRW 60 million from the Plaintiff as the above sales amount (hereinafter “the instant payment”), and on the same day, the Defendant completed the registration of ownership transfer for shares of KRW 4/44 out of C forest land.

【Ground of recognition】 In the absence of dispute, Gap’s evidence 1-1, Gap’s evidence 4-1, 2, 3-3, Gap’s evidence 5-1, Gap’s evidence 9, 11, and 13, the purport of the whole pleadings and arguments

2. The gist of the Plaintiff’s assertion was to purchase C forest land jointly owned by several persons including the Defendant in order to promote the establishment project of welfare facilities for the aged, and the instant sales contract was concluded during that process.

Although the purchase price of this case is KRW 300 million, the Defendant demanded that the Plaintiff pay additional purchase price several times and received KRW 70 million in addition to KRW 30 million from the Plaintiff.

The Plaintiff shall pay 350 million won to the Defendant in the Plaintiff’s complaint prior to the payment of the instant payment.

arrow