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(영문) 전주지방법원 2017.08.11 2016가단27773
부당이득금반환
Text

1. Defendant C’s KRW 64,000,000 and KRW 64,000 for the Plaintiff

(a) From August 25, 2014 for KRW 40,000,00:

B. 24,000.

Reasons

1. Basic facts

A. On August 25, 2014, the Plaintiff prepared a real estate sales contract (Evidence A) with the content that the representative of Defendant B’s clan (hereinafter “Defendant clan”) and the Plaintiff purchases KRW 9260,000 (hereinafter “instant land”) for the purchase price of KRW 84,00,000 from the Defendant clan, and remitted KRW 40,000,000 to the E Union account (Account NumberF) in the name of C as the down payment, as the down payment.

B. The real estate sales contract (Evidence A 3) states that “The amount of KRW 10 million shall be paid on August 25, 2014, and the balance of KRW 40 million shall be paid on December 30, 2014.” As a special agreement, the seller’s transfer of ownership to the purchaser by removing defects and burdens of the right to the said real estate until December 30, 2014.” The seller’s name and personal information in the seller’s column are written as “A and one other” in the buyer’s column.

C. On May 20, 2015, the Plaintiff filed a lawsuit against the Defendant clan with the Jeonju District Court 2015Kadan16905 on May 27, 2015, claiming for the implementation of the procedure for the transfer registration of ownership on the instant land as a result of sale on August 25, 2014.

However, on July 20, 2016, the above court rendered a judgment dismissing the plaintiff's claim on the ground that "no evidence exists to prove that a legitimate resolution was made at the general meeting of the defendant's clan to dispose of the clan properties, and that the sales contract was concluded," and the judgment became final and conclusive on August 9, 2016.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. The parties' assertion

A. The plaintiff is the defendant C and the defendant clan, the representative of the defendant clan.

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