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(영문) 부산지방법원 2017.01.18 2016나41095
부당이득금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall be KRW 5,650,000 and KRW 10,000 among them to the plaintiff.

Reasons

Facts of recognition

A. On September 15, 2014, the Plaintiff and the Defendant entered into an agreement with the Defendant to pay the Defendant KRW 20 million of expenses incurred in the transfer of a fluoral cemetery with the 14th period and the 4th period of a fluoral and fluoral and historical cemetery, located within the 7040m2 (hereinafter “instant forest”).

(hereinafter “First Agreement”). (b)

On September 27, 2014, the Plaintiff transferred KRW 10 million to the account under the name of the Defendant.

C. On October 2, 2014, the Plaintiff: (a) sold the instant forest land to New Industries Co., Ltd. for KRW 255,400,000,000 for the purchase and sale of the instant forest land; and (b) “the instant sales contract.”

In concluding a special agreement, the following special agreements were made (i) the buyer accepts 200 gall trees on the land and pay 130 million won in addition to the purchase price.

② The 14th, the 4th, the 4th, the 5th, the 5th, the 4th, the 5th, the 5th, and the 40,000 won, apart from the purchase-price, paid to the seller, and the seller paid the above money to transfer

(c) 50 million won out of the remaining amounts shall be withheld at the time of the transfer registration and the registration of ownership transfer shall be made, and a purchaser of a cemetery shall pay immediately after the completion of this Chapter;

On October 2, 2014, the Plaintiff entered into an agreement with the Defendant on October 2, 2014 that the Defendant shall pay the Defendant KRW 25 million for expenses incurred in the relocation of a fluoral cemetery, KRW 14, KRW 3, and KRW 4, and KRW 4,000.

hereinafter referred to as "second agreement".

The Plaintiff transferred KRW 25 million to the account in the name of the Defendant on the same day.

E. On October 6, 2014, the Plaintiff transferred KRW 21.2 million to the account under the name of the Defendant.

F. On October 13, 2014, New Industries completed the registration of ownership transfer on the instant forest land.

G. On October 14, 2014, the Plaintiff transferred KRW 10 million to the account under the name of the Defendant.

H. The Plaintiff on December 13, 2014.

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