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(영문) 수원지방법원안양지원 2015.05.15 2014가단11909
부당이득금
Text

1. The Defendant’s KRW 95,00,000 and the Plaintiff’s annual rate of KRW 5% from April 28, 2006 to April 21, 2014.

Reasons

1. Basic facts

A. D is a truster (D trusted to C the shares owned by it) of 10 square meters (10 square meters (33.058 square meters) out of 33,322 square meters in Gangnam-gu Seoul forest E-gu, Seoul, and KRW 33,322 square meters; hereinafter “instant real estate”). The Defendant is a spouse of D, F is a middle school ward of the Defendant, and G operates a real estate brokerage office with F, a spouse, as a licensed real estate agent.

B. On April 19, 2006, the Defendant was entitled to obtain H occupancy rights (right to purchase apartment units following H redevelopment) if the Defendant owned land in Gangnam-gu Seoul, Gangnam-gu, Seoul. The Defendant introduced and requested the Defendant to purchase the said land, and the F introduced I to introduce and grant I to the Defendant, and purchased 10 square meters out of Gangnam-gu Seoul, Seoul, which was 240,000,000 won between the Defendant and his agent.

C. F referred to that I would have no longer a person to purchase H’s land, and I introduced the Plaintiff to F, and on April 28, 2006, the Plaintiff entered into a contract with D’s agent to purchase the instant real estate amounting to KRW 240,000,000 with the purchase price (hereinafter “instant contract”). The terms and conditions of the instant contract are as follows.

1. Sale and purchase of the shares of redevelopment apartment located in Gangnam-gu Seoul Special Metropolitan E Forest land in the redevelopment apartment located in Gangnam-gu. 2. Equity shares as 10 square meters, and the conditions for the registration of shares are the same; 3. If the above two matters are not implemented due to unavoidable circumstances, the conditions for transferring D's shares are the same;

G and F prepared on April 28, 2006, the day on which the instant sales contract was concluded, each letter stating that “I, as a member’s right, enter the Plaintiff in the capacity of redevelopment apartment ownership in Gangnam-gu Seoul, promise to do their best to register the right of ownership, and will assume all responsibilities if there is any defect in the ongoing days (hereinafter referred to as “each letter of April 28, 2006”).

E. The plaintiff on April 28, 2006.

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