(영문) 대구지방법원서부지원 2019.06.20 2018가합53188

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(영문) 대구지방법원서부지원 2019.06.20 2018가합53188

부당이득금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a regional housing association established on April 21, 2016 for the purpose of acquiring housing by the residents residing in the Seogu-gu Office C Daily. The Defendant is a regional housing project promoted by the Plaintiff from around 1997 (hereinafter “instant project”).

(D) 449 square meters in the site and E 12 square meters in total (hereinafter “instant land”).

(2) On July 17, 2015, the date of its establishment, the Plaintiff entered into a sales contract with the so-called company F (hereinafter “Nonindicted Company”) that purchased the instant project site in order to carry out the instant project. The Plaintiff entered into a business license agreement with the Plaintiff to receive rights under the sales contract for the instant project site concluded by the Nonparty Company, and to pay the purchase price to the Plaintiff.

B. 1) The non-party company is a company operating the housing construction project, etc. from around 2014 to promote the purchase of land for the execution of the instant project from the Daegu Seo-gu C, Daegu. However, the Defendant, the owner of the instant land within the instant project site, and the Defendant, also on December 30, 2014, as well as all of the instant land and the instant land, the ground and underground buildings, and structures (hereinafter “instant real estate”).

2) As to the instant primary contract, the following terms and conditions are as follows:

(A) The seller of the first contract (the main contents of the first contract of this case No. 5): the Defendant buyer: the remainder of the total payment of KRW 1,788,300,000 for the project site of KRW 100,000,000, not more than 60 days after the approval of the project of KRW 1,987,00,000, the total payment of KRW 1,987,000,000 for the project; Article 7 (Real Estate Name and Removal, etc.)

1. The defendant shall provide all the documents necessary for the registration of transfer of ownership to the non-party company or to the person designated by the non-party company, and issue an order to sell and purchase real estate.

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