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(영문) 수원지방법원 2018.10.12 2017나65968
부당이득금반환
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

. Conclusion

(A) On November 18, 2015 between the Plaintiff, the Intervenor, and the Defendant, a written agreement (hereinafter “Agreement on Proceeds of this case”) stating that “The Plaintiff and the Intervenor shall pay 30% of the profits from the land adjacent to this case (the amount obtained by deducting all the expenses, such as the authorization and permission cost, design cost, land substitution cost, registration transfer cost, loan money, transfer income, transfer income tax, etc.)” was prepared (Evidence 17). At that time, the Plaintiff submitted a certificate of cash storage under subparagraph 3 via “written correction,” which was submitted to the court of first instance on July 21, 2016, and the court of first instance failed to examine the evidence of cash storage under subparagraph 1, but there is no dispute between the parties as to the preparation and its contents.

(hereinafter referred to as “one Cash Storage Certificate”) was prepared.

The custodian: The amount of the defendant: 350,000,000 won * the special terms and conditions of this sales contract: The date of payment for the special terms and conditions of this contract: The remainder payment date of land sale and purchase after obtaining authorization and permission of a convalescent hospital (hereinafter referred to as “authorization and permission”):

The remainder payment date shall be paid at the time of obtaining authorization or permission of a convalescent hospital.

Provided, That in the event that authorization or permission is not granted, this contract shall be null and void and the down payment shall be returned.

On June 16, 2016, the Plaintiff, the Intervenor, and the Defendant drafted a cash custody certificate with the custodian “350,000,000 won”, “Plaintiff, Intervenor,” and custodian “Defendant” (hereinafter “second cash custody certificate”).

(1) No. 1, 200,000,000,000

- The remainder payment date of the instant sales contract shall be extended from May 31, 2016 to August 31, 2016.

- The payment date for the cash storage certificate is as of August 31, 2016 of the sales contract of this case.

- If the buyer fails to comply with August 31, 2016, the down payment shall be waived.

- Purchaserss 150.

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