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(영문) 전주지방법원 2014.11.14 2012가합7556
부동산매매계약해제 등
Text

1. Defendant C: (a) KRW 9,080,503; and (b) KRW 13,631,656 to Plaintiff B; and (c) each of them on July 29, 2014.

Reasons

1. Occurrence of a duty to return removal, delivery, or unjust enrichment;

A. Facts of recognition 1) Plaintiff Educational Foundation A (hereinafter “Plaintiff Educational Institute”)

2) The Plaintiff is the Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff and the Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff and the Plaintiff’s Plaintiff’s Plaintiff.

(2) On June 5, 2002, the sales contract between Defendant C and the Plaintiff owned KRW 138,60,000 for the instant land (hereinafter “instant sales contract”) and KRW 138,60,000 for the instant land.

(2) In the instant sales contract, Defendant C entered into the instant sales contract with the Plaintiffs; the intermediate payment of KRW 60,00,000 on the date of the contract; the intermediate payment of KRW 75,600,000 on June 28, 2002; and the remainder of KRW 75,600,000 on July 10, 2002; the Plaintiff’s private teaching institute obtained permission from the Ministry of Education and Human Resources Development regarding the disposal of the instant land shares before the payment of the remainder of Defendant C; and if the permission is delayed for more than one month, the Plaintiff’s private teaching institute made a written consent to the use of the land

3) Defendant C paid KRW 3,00,000 to the Plaintiffs as down payment on June 5, 2002, and paid KRW 5,000,000 as part payment, and KRW 60,000,00 as of July 8, 2002, and KRW 60,000 as of July 9, 2002, respectively. 4) Of June 2002, the Plaintiff’s private teaching institute applied for the disposition of fundamental property on the instant land share to the Ministry of Education and Human Resources Development, but the procedure for its approval was delayed.

On August 1, 2002, the Plaintiffs prepared a letter of agreement to use the site necessary for the construction of a new building with Defendant C and her husband F, and prepared a letter of agreement with the Ministry of Education and Human Resources Development, stating that “The balance of the instant land shall be paid within five days upon the permission of the Ministry of Education and Human Resources Development.”

5) After that, Defendant C’s subsequent building on the ground of the instant land indicated in the separate sheet (hereinafter “instant building”).

(6) Defendant C completed the registration of ownership preservation on the instant building on February 10, 2003, following the progress of new construction works, and completed the registration of ownership preservation on the instant building.) Defendant C’s share in the Plaintiff’s private teaching institute out of the instant land.

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