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(영문) 서울중앙지방법원 2016.06.17 2015가단5279950
부당이득반환 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) On October 5, 2009, the Plaintiff entered into a sales contract with G, as a general term, the title of “each of the instant real estates” in the name of the said real estate, namely, the title of “each of the instant real estates” and the title of “each of the instant real estates” and “each of the instant real estates”.

2) The sales contract to purchase the purchase price of KRW 450 million (hereinafter “instant sales contract”)

(2) At the time of the instant sales contract, K represented G, and as seen below, K completed the registration of the right to claim ownership transfer of each of the instant real estate as a creditor against G, and conducted all acts relating to the instant sales contract on behalf of the Plaintiff, including the conclusion of the instant sales contract, the receipt of the sales price, and the agreement to reduce the sales price.

B. On October 1, 2009, before entering into the instant sales contract, K received down payment of KRW 50 million from the Plaintiff, and completed the registration of ownership transfer in the name of the Plaintiff on October 6, 2009, following the date following the conclusion of the said sales contract.

C. At the time of entering into the instant sales contract, the provisional registration of the right to claim ownership transfer was completed with respect to each of the instant real estate at the time of entering into the instant sales contract, and on October 6, 2009, the registration of ownership transfer under the Plaintiff’s name was completed, and on December 17, 2010, each of the said provisional registration was transferred to Defendant E. Since then, Defendant E filed a lawsuit against G on February 1, 201, seeking implementation of the procedures for ownership transfer registration of each of the instant real estate based on the said provisional registration, as Suwon District Court Branch Sub-Section 2011Ga1523.

The Plaintiff, as above, did not pay the intermediate payment and the balance after paying the down payment of KRW 50 million to K. On April 30, 201, K received an additional payment of KRW 50 million from the Plaintiff on April 30, 201, thereby reducing the balance under the instant sales contract between the Plaintiff and the Plaintiff at KRW 130 million, and such reduction is made on January 20, 201.

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