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(영문) 전주지방법원 2015.05.27 2014가합5578
부당이득금
Text

1. The Plaintiff:

A. Defendant C is KRW 200,000,000 and 5% per annum from April 20, 2013 to March 6, 2015.

Reasons

1. Determination as to the claim against the defendant B

A. The following facts are acknowledged in full view of each statement in Gap evidence Nos. 1 and 4.

1) On January 15, 2013, the Plaintiff: (a) between Defendant B on January 15, 2013; (b) Yansan-gu E, Jeonju-si, 503.1 square meters (hereinafter “instant real estate”).

(2) With respect to the construction and sale of a building on the ground neighborhood living facilities, the Plaintiff entered into a joint investment agreement with Defendant B to make an investment of KRW 200 million and to receive KRW 350 million from Defendant B at the time of the construction of the building. At the same time, the Plaintiff entered into a contract with a notary public to purchase the instant real estate in the name of Defendant B’s wife F from Defendant B in the name of the Plaintiff’s wife F (hereinafter “instant contract”), and completed the registration of ownership transfer in the name of F on the same day.

B. Plaintiff’s primary assertion 1) At the time of the conclusion of the instant contract, Plaintiff and Defendant B had the purchase price of KRW 975 million, but succeeded to the right to lease on a deposit basis in relation to the payment method, and agreed to make a subsequent settlement for the remainder after including the above contract amount of KRW 350 million. The financial right loans amounted to KRW 80 million, including the cancellation of the right to lease on a deposit basis and the contract amount, paid KRW 1.3 billion in total. Thus, the Defendant was obligated to pay the Plaintiff the remainder after deducting KRW 975 million from the purchase price paid to the Defendant pursuant to the above settlement agreement, KRW 325 million, and delay damages therefrom. If the aforementioned preliminary settlement agreement is not acknowledged, Defendant B would have the legal interest of KRW 350 million without any cause.

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