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(영문) 서울중앙지방법원 2016.06.17 2012가합68809
부당이득금반환
Text

1. Defendant D’s KRW 430,000,000 and KRW 400,000 among the Plaintiff, respectively, shall be KRW 30,00,000 from August 1, 2010 to KRW 30,00,00.

Reasons

1. Basic facts

A. The Plaintiff Company (former E Co., Ltd.) is an executor of a project to create H H cooking facilities on the land leveling to approximately KRW 640,00,00 G G in Chuncheon and approximately KRW 640,00,00 (hereinafter “instant project”); I was the representative director of the Plaintiff Company from March 15, 2007 to March 13, 2012.

B. From December 2006 to April 2008, Defendant B and C were commissioned by the Plaintiff Company to purchase the project site necessary for the instant project.

Defendant D serves as the head of the Plaintiff Company’s development project headquarters from September 1, 2007 to March 31, 2012 and takes charge of the purchase of business sites, civil affairs, authorization and permission affairs, etc. related to the instant project.

C. On April 3, 2007, in order to secure the project site necessary for the instant project, Defendant B, C, and the Plaintiff Company entered into a contract for the purchase of approximately 450,000 square meters of land to Defendant B and C, including SwitzerlandJ (hereinafter “instant service contract”). Defendant B and C entered into a contract for the purchase of land under the instant service contract with each of their own teams.

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

Article 2 (Scope of Services for Purchasing Real Estate) The scope of Services for “B (Defendant B and C)” under this Agreement shall be as follows:

Current status of objective real estate;

(b)to report and present opinions on the optimal terms of purchase;

(c) Purchase of target real estate as an agent (Conclusion of a real estate sales contract);

(d) Article 3 (The stages of consulting services are as follows and the conclusion of contracts and settlement of service costs are as follows: 1) After conclusion of a sales contract, the removal of obstacles, relocation and evacuation (such as branch owners, lessees, and other interests) 2) the disposal of recreational seedlings located in the project site located in the project site; 3) the disposal of recreational seedlings located in the project site (the stages of consulting services are as follows:

The actual results of purchase shall be promoted.

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