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(영문) 춘천지방법원 2017.10.24 2017가단51811
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. D and C’s First Sales Contract 1) D are about 720 m20 m2 (hereinafter “instant forest”) from among the G forest land in Chuncheon-si, Chuncheon-si, E as a broker of E on January 25, 2005, owned by C.

(2) A sales contract (hereinafter “instant sales contract”) that purchases KRW 20 million (the contract amount of KRW 30 million shall be KRW 50 million on the date of the contract, the intermediate payment of KRW 50 million on the date of the intermediate payment, and after completing the authorization and permission for the development of the instant forest and fields, the balance of KRW 130 million shall be paid on June 30, 2005, respectively).

On the same day, D paid 30 million won down payment to C. 2) D paid 25 million won out of the intermediate payment to C through E in the middle of July 2005, and paid 40 million won out of the aforementioned intermediate payment to C through E in the middle of July 2005, and paid 40 million won out of the costs of permission for development activities and civil construction works for the forest of this case.

B. On July 22, 2005, the Plaintiff and H’s second sales contract concluded a sales contract with H purchase of KRW 82,6560,000 (the contract amount of KRW 200 million on the date of the contract, the intermediate payment of KRW 200,000,000 on October 24, 2005, and KRW 42,656 million on December 23, 2005) for the total amount of KRW 45,541 square meters (hereinafter “instant second sales contract”).

The Plaintiff paid 200 million won the down payment on the day of the contract, and the intermediate payment and the remainder were intended to pay the price for the purchase of unregistered land after dividing the instant land, but it was placed in the situation where the intermediate payment was not paid, and the down payment was not paid.

C. C’s request for the cancellation of the 100 million won sales contract, and permission for the development of the forest of this case as well as permission for the development of the forest of this case as well as civil engineering works, etc., C demanded D to cancel the 100 million won sales contract of this case. However, D transferred the instant 10 million won sales contract to C through E without complying therewith.

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