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(영문) 창원지방법원 2014.09.24 2013가합5046
부당이득금
Text

1. Of the instant lawsuit, Defendant D entered into with Defendant E Co., Ltd. on August 19, 2010, the Changwon District Court F.

Reasons

1. Basic facts

A. Defendant C and Defendant D’s relationship between Defendant B, C, D and G are simplified, and Defendant C and Defendant D are the husband of Defendant C, and Defendant B are the husband of Defendant D.

B. 1) G is Defendant E Co., Ltd. (hereinafter “Defendant Co., Ltd”) on January 20, 2010, 2010

(2) From May 29, 2010, the Plaintiff purchased the H site and its ground buildings in the water exchange form. On April 29, 2010, the Plaintiff purchased the land in the water exchange form with G, the Plaintiff is the land in the instant case, each of which is 1,152 square meters in G, Kimhae-si, J-si, 168 square meters in J-si, and 504 square meters in K

) The entire building of the instant building, both I and J (the underground first floor and the fifth floor building; hereinafter referred to as “instant building”) and the instant land and buildings are collectively referred to as “each of the instant real estate.”

2) The sales contract was concluded to purchase (hereinafter “instant sales contract”).

A) The instant sales contract includes only the name of G solely in the name of the seller. The main contents of the instant sales contract are as follows. The sales price is KRW 3.7 billion: KRW 3.5 billion (payment at the time of a contract): intermediate payment of KRW 2.15 million (payment on May 15, 2010): KRW 350 million (payment on June 15, 2010): KRW 350 million (payment on June 15, 2010): KRW 550 million (payment on July 15, 2010): KRW 2.1 billion (payment on November 15, 2010) in the name of the seller; KRW 3.5 billion (payment on November 15, 2010) in the name of the seller; KRW 3.55 billion (payment on November 15, 201) in lieu of a loan to a financial institution, but the contract is null and void.

1. Any balance of the purchase price to be paid by G to Defendant Company shall be appropriated as part of the purchase price between G and the Plaintiff, and the detailed plan therefor shall be governed by paragraphs (2) through (8).

2. After the agreement of this case, the Plaintiff offered the instant real estate as security to the financial institution and loans 2.1 billion won.

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