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(영문) 청주지방법원 2018.07.11 2017가합201504
부당이득금
Text

1. Defendant G is jointly and severally with Defendant D and E within the scope of the property inherited from the deceased H;

A. The plaintiff A is 150.

Reasons

1. Basic facts

A. The instant agreement and the agreement on the return of custody money and its implementation 1) Plaintiffs, D, and J around May 27, 2016, respectively, shall be 657,322 square meters (hereinafter “instant real estate 1”).

(1) Upon the successful bid, Plaintiff A and D acquired ownership as an incorporated corporation, and the J shall invest KRW 100,000,000 in Plaintiff B, KRW 100,000 in Plaintiff B, and KRW 50,000 in Plaintiff C, respectively. From May 27, 2016 to March 31, 2017, the Plaintiffs, D, and J shall first deduct taxes and expenses (including loan interest) from the profit accrued from the above project and distribute the profit by the number of stocks owned by the corporation (including loan interest) of the corporation. The term of the contract shall be from May 27, 2016 to March 31, 2017 (hereinafter “Agreement”).

(2) On May 27, 2016, the network H and the network I promised to return 200,000,000 won to the Plaintiff and the “B” until March 30, 2017, without a framework, to the extent that the refund of the deposit is delayed, the legal procedure cost (the cost of attorney appointment and contingent fee) will also be jointly and severally liable.

On July 11, 2016, the Plaintiff and the Plaintiff agreed to return KRW 100,000,000, and KRW 50,000,00, respectively, by January 24, 2017 (hereinafter “instant agreement”).

3) Pursuant to the instant agreement, Plaintiff A deposited KRW 150,000,000 in the name of the deceased H, the sum of KRW 150,000,000 on May 26, 2016, and KRW 50,000 on May 27, 2016, Plaintiff B deposited KRW 10,000,000 on May 27, 2016, and KRW 50,000 in the Plaintiff C deposited KRW 50,000 on May 27, 2016, respectively. (b) Plaintiff C entered into an agreement on delegation of real estate purchase between Plaintiff C and the deceased H and the deceasedI on May 27, 2016 with the owner of the real estate and KRW 05,00,000 in the real estate purchase price of KRW 05,00 in the real estate (hereinafter “instant real estate purchase price of KRW 00,500,000 on May 27, 2016.

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