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(영문) 서울중앙지방법원 2017.01.24 2016가단85423
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. On October 10, 2014, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 715,500,000 of the Defendant’s share of 3/13 of the Seoul Dongjak-gu Seoul Metropolitan Government C large-scale 145 square meters (the previous one site in this case) and D large 43 square meters (the previous two site in this case) and the Defendant’s share of KRW 6/13 of the Taedo Construction Co., Ltd. (hereinafter “Non-Party Company”) (hereinafter “Non-Party Company”), with respect to the purchase of the Defendant’s share of KRW 3/13 and shares of KRW 6/13 of the Taedo Construction Co., Ltd. (hereinafter “Non-Party Company

(B) The Plaintiff owned the remainder of the 4/13 sites of the previous 2 sites of this case, and there was a special agreement under the instant 1 sales contract under the condition that the Defendant transferred the necessary consent form to the Plaintiff at the time of division and share.

B. Since then, the Plaintiff and the Defendant agreed to purchase 6/13 of the shares of the non-party company in the previous two sites of this case directly from the non-party company. On November 3, 2014, the Plaintiff concluded a sales contract with the Defendant, setting the price of KRW 643,50,000 for the Defendant’s shares among the previous one site and the previous two sites of this case (the indication in the sales contract is referred to as “non-party 1 parcel of land, 15.1mm2,” hereinafter) as KRW 643,50,000, and entered into a sales contract in the special terms of the sales contract as “a contract issued for this case is issued for convenience, and this contract is confirmed as a final contract.”

(2) As to the part of the net E portion, there was a condition that the Defendant transferred the consent required for the merger to the Plaintiff at the time of the division, and there was a special agreement under the instant two sales contract.

C. On November 28, 2014, the registration of ownership transfer was completed in the Plaintiff’s name with respect to the previous one site.

With respect to the previous two sites of this case, the Plaintiff purchased 6/13 of the shares of the non-party company from the non-party company in KRW 72,00,000,000, and completed the registration of ownership transfer in the name of the Plaintiff on November 28, 2014, and even 3/13 of the shares of the Defendant out of the same day.

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