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(영문) 서울중앙지방법원 2016.08.19 2014가합586400
부당이득반환
Text

1. As to each real estate listed in the separate sheet on April 19, 2006, on the ground that the Defendant agreed on April 19, 2006 to the Plaintiff.

Reasons

1.The following facts may be found either in dispute between the parties or in combination with the purport of the whole pleadings in each entry in Gap evidence of 1 to 7, Eul evidence of 1 to 4, Eul evidence of 8 to 11, and Eul evidence of 37:

On September 5, 2005, the Defendant registered the land of this case with 1,653 square meters as 1,646 square meters and 1,646 square meters for the purpose of newly constructing a house for electric source. On April 25, 2007, on the same day, the Defendant divided the land into 1,142 square meters and 504 square meters for Jincheon-si Jin-si, Chuncheon, and thereafter, the land category was changed into the site on September 19, 2007 (hereinafter “instant housing site”).

(2) On the other hand, the instant housing site is located in the river, and the remainder is surrounded by forests and fields owned by others, and C attempted to carry in equipment and building materials through land adjacent to E and adjacent to the instant housing site, and E prevents access without allowing access to the land under its ownership.

3) The Defendant, at the same time, is expected to secure access roads for new construction of housing in the instant housing site, at the same time, to create investment profits in the event of opening a long-term Chuncheon Highway. The Defendant, along with the Plaintiff and C, planned to create a 1,372 square meters of Glecheon-si located in the neighboring area of the instant housing site, and 233 square meters of land and 3,067 square meters of L, forest, and H-owned I forest land (hereinafter “each of the instant land”).

(4) Around April 4, 2006, the Defendant entered into a contract to purchase each of the instant land from F and H with the purchase price of KRW 360,000,000 (hereinafter “instant sales contract”), and the down payment of KRW 100,000 and the intermediate payment of KRW 80,000,000 shall be paid on the date of the contract, and the remainder of KRW 180,000,000 shall be paid on the date of the contract, and the remainder of KRW 180,000 shall be paid on the same year.

5.8. The Agreement was made to pay.

5..

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