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(영문) 인천지방법원 2020.10.15 2019가합50860
부당이득금
Text

1. All of the plaintiffs' lawsuits against the defendant A and the plaintiffs' lawsuits against defendant D and defendant E are dismissed.

2...

Reasons

Facts of recognition

On April 2, 2004, the Plaintiffs agreed to enter into a sales contract between the Plaintiffs and the Defendants and to revise the terms and conditions of payment for the said shares (hereinafter referred to as the “National Land Planning Act”) and the Defendants on April 2, 2004, the land transaction permission zone under the National Land Planning and Utilization Act (hereinafter referred to as the “National Land Planning Act”) was 11,993 square meters [609/12198 of the Defendant’s shares (the Defendant’s shares were registered in the name of G at the time of entering into a contract, but the registration of ownership transfer was made in the future of

) The Defendant D’s share 609/24396, Defendant E’s share 609/24399/24396, and Defendant E’s share hereinafter “instant forest”) concluded a sales contract with a content that purchases KRW 1,800,000, and pays the purchase price as follows:

(2) On April 2, 2004, the Plaintiff paid KRW 50,000,000 to Defendant D and E (hereinafter collectively referred to as “Defendant D, etc.”) respectively on April 17, 2004, the remainder of KRW 900,000 of the intermediate payment of KRW 600,000,000 on April 2, 2004.

The Plaintiffs failed to pay the intermediate payment of the instant sales contract as agreed upon. Accordingly, on July 28, 2004, the Plaintiffs and the Defendants agreed to increase the sales balance in KRW 50,000,000, and to revise the time and method of the intermediate payment and the balance payment as follows:

(hereinafter “First Agreement”). On July 28, 2004, the first installment payment payment method of the item amount of KRW 300,000,000 for the first intermediate payment payment method of KRW 300,000 for the second intermediate payment of KRW 200,000 for the second intermediate payment of KRW 100,000 for the deposit account in the name of Defendant D and Defendant C respectively on July 29, 2004, the third intermediate payment of KRW 300,000 for the third intermediate payment of KRW 300,000 for the third intermediate payment of KRW 30,000 for the deposit account in the name of Defendant D, and KRW 50,000 for the deposit account in the name of Defendant C, and KRW 950,00,000 for each remaining amount of KRW 50,000 for the account in the name of Defendant C on August 6, 200 for each of Defendant C’s deposit account.

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