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(영문) 의정부지방법원고양지원 2015.04.30 2014가합51466
부당이득금
Text

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

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

Reasons

1. Basic facts

A. The Korea Land and Housing Corporation implemented a housing site development project in 2004 and provided migrants with housing sites to be developed within the project district due to the implementation of the project, and provided guidance on the supply of housing sites to migrants to the development project district on March 23, 2004.

B. On June 26, 2006, the Plaintiff purchased 100 million won, and paid KRW 100 million to Defendant B on the same day, which is scheduled for the Korea Land and Housing Corporation to supply to Defendant B.

At the time of conclusion of a sales contract, Defendant B signed and sealed the seller’s column, signed and sealed the sales contract (in relation to the right to sell a re-resident’s housing site), and signed and sealed the seller’s column, and issued a sales contract (in relation to a housing site to be sold), certificate of personal seal impression, copy of identification card, and a certified copy of resident registration to the seller.

C. On May 31, 2006, the Plaintiff purchased 100 million won a sale right of a migrants’s housing site to be supplied to Defendant C by the Korea Land and Housing Corporation from Defendant C, and paid KRW 100 million to Defendant C on the same day.

Upon entering into a sales contract, Defendant C issued to the Plaintiff a sales contract (which is related to the right to sell multi-Korean housing sites), a certificate of personal seal impression, and a resident registration certificate, signed and sealed the seller’s column.

On the other hand, around August 2010, Defendant B paid KRW 10 million to the Plaintiff, Defendant C paid KRW 10 million to the Plaintiff, and Defendant C paid KRW 10 million.

[Reasons for Recognition] Unsatisfy, Gap 1, 3, 4, and 5's statements, the purport of the whole pleadings

2. Claim against Defendant B and C

A. The Plaintiff’s summary of the Plaintiff’s assertion asserts as follows selectively, and seeks payment of KRW 90 million to Defendant B (the amount calculated by deducting KRW 10 million paid to the Plaintiff from KRW 100 million paid by Defendant B as the purchase price from the Plaintiff), and to Defendant C of KRW 90 million (the amount calculated by deducting KRW 10 million paid by Defendant C to the Plaintiff from KRW 100 million paid by the Plaintiff as the purchase price).

1. Defendant B and C shall not apply for the application for parcelling-out.

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