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(영문) 수원지방법원 2016.11.08 2014가합72473
부당이득금
Text

1. As to the Plaintiff’s KRW 265,00,000 and KRW 195,000 among them, the Defendant shall pay to the Plaintiff KRW 70,00,000 from July 20, 2016.

Reasons

Facts of recognition

The original Defendant agreed to jointly bear the purchase fund to transfer the real estate and distribute the profits from the transfer of the real estate if the price of the real estate increases after the purchase of the real estate, and to purchase the 5035 square meters in Gunsan City (hereinafter “instant land”) by introducing C.

Therefore, the Defendant, as of April 20, 2008, entered into a real estate sales contract with E, who was an owner of the instant land, to purchase KRW 400 million, and completed the registration of ownership transfer on the instant land on May 27, 2008.

On the other hand, E received the F a down payment of KRW 50 million before preparing the said sales contract, and sold the instant land, and thereafter, F sold the said land to G, G to H, and H to the original Defendant, respectively.

Among them, H agreed to purchase the instant land from G in KRW 30 million, and sold the said land to the original Defendant under the condition that G paid KRW 80 million to G.

The original Defendant spent a total of KRW 350 million with the purchase fund for the instant land. Among them, the Plaintiff spent KRW 195 million, and the Defendant spent KRW 150 million, respectively.

Specific disbursement details are as follows:

Plaintiff

The Plaintiff, on May 19, 2008, paid the amount to be paid to the Defendant’s payment date (i.e., KRW 140 million ± KRW 140 million ± KRW 140 million ± 1/200 ± KRW 1/2000) E 70 million E 70 million (including KRW 50 million 95 million) on May 27, 2008, which was paid to the Defendant on May 19, 2008 KRW 20 million E 60 million (i.e., KRW 140 million ± 1.5 million 5 million) on May 27, 2008, including KRW 15 million on June 10, 2008, KRW 500,5005 million on June 25, 2005.

The original Defendant agreed to bear half of the purchase price of KRW 140 million, and on May 27, 2008, the instant land is KRW 140 million from the military agricultural cooperative.

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