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(영문) 서울중앙지방법원 2016.08.09 2015가합509806
부당이득금
Text

1. Defendant C changes the name of the buyer of the right to sell the attached sheet from the Plaintiff to Defendant C.

Reasons

1. Facts of recognition;

A. From July 9, 1992 to July 1, 2012, Defendant B served as a director (the representative director from February 3, 1999 to July 1, 2012) of the Plaintiff Company, and Defendant C’s children.

B. On October 8, 2008, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with Defendant C to purchase a sale right (hereinafter “instant apartment purchase right”) of “F” apartment Nos. 103, 1003, and 1003 (hereinafter “instant apartment”) on the ground of E and two parcels (hereinafter “instant apartment”) purchased by Defendant C from D, etc. on July 11, 2007.

Although the Plaintiff asserted that Defendant B entered into the instant contract as a party to the instant contract, it is recognized that Defendant B entered into the instant contract as the representative of Defendant C as seen in the following 3.a.

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

- The sales contract of this case - Article 1 [The acquisition price of the right of sale] The acquisition price of the right of sale shall be 327,368,00 won in total, including the sum of the down payment, the first intermediate payment, the second intermediate payment and the third intermediate payment, and the 968,000 won in options down payment (10%) paid by the Party A to three others.

Article 2 (Payment of Contract Deposit) B (Plaintiff) At the same time as this contract is concluded, Article 2 (Payment of Contract Deposit) shall pay 81,600,000 won to A.

Article 3 (Transfer of Rights and Obligations) (Transfer of Rights and Obligations) A shall repay the principal and interest of KRW 120,00,000 borrowed from our bank for the payment of the first part of the part of the part and the second part of the part in the apartment in this case, and shall transfer the rights and duties to B with full payment of KRW 81,60,000 and late payment charges, etc., which are currently unpaid.

Article 5 [Payment of Heavy and Balance ] B shall be paid 40,000,000 won as part payment to A by October 20, 2008.

In addition, where Party A completes the succession of the right and duty of sale in this case to Party B, Party B remains after deducting the down payment and intermediate payment from KRW 327,368,00.

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