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(영문) 의정부지방법원고양지원 2016.09.30 2015가합72477
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 2003, C, as the owner of the building listed in the separate sheet (hereinafter “instant building”), delegated the Defendant the right to “sale, exchange, sale, and disposal of the instant building” (hereinafter “instant building”).

B. On October 28, 2003, the Plaintiff and the Defendant entrusted with the authority to dispose of the instant building as above were to enter into a sales contract of 200,000 square meters for N, 15370 square meters for N, 2,023 square meters for land owned by the Plaintiff, which was divided on June 11, 2004, and KRW 1,188 square meters for forest land divided into J. 75,640 square meters for forest land. On April 27, 2005, the Plaintiff entered into a sales contract of 200,000 square meters for land owned by the Plaintiff, with KRW 17,624 square meters for forest land divided into KRW 17,68 square meters for land owned by the Plaintiff, and KRW 200,000,000 for land owned by the Defendant, and the Plaintiff entered into a contract of 200,000,000 square meters for forest land owned by the Defendant into a sale contract of 30000,0282,230.

(2) The Plaintiff paid 10 million won the down payment under the above G land sales contract on the same day to the Plaintiff on the same day. The Defendant paid 10 million won the down payment under the above G land sales contract to the Plaintiff on the same day.

C. The defendant promptly resells the land of this case.

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