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(영문) 의정부지방법원고양지원 2017.10.26 2016가단92853
부당이득금
Text

1. The plaintiff A's lawsuit against the defendants is dismissed.

2. The plaintiff B's claims against the defendants are all dismissed.

3...

Reasons

1. Basic facts

A. On August 23, 2007, Plaintiff B, Nonparty E, and F (hereinafter “Buyers”) purchased from the Defendants seven parcels of land, such as Gyeonggi-gun, Gyeonggi-gun, G, etc. (hereinafter “each of the instant land”) and KRW 1.32 billion, and above-ground farming housing, etc. The contract amounting to KRW 200 million on the date of the contract, and KRW 1.12 million on the date of the contract, and KRW 100 million on the date of November 23, 2007. As to each of the instant land, the purchaser entered into a contract for the purchase of KRW 650 million on each of the instant land by accepting the secured debt of the right to collateral security established by setting the maximum debt amount of KRW 91,00,000,000 for KRW 650,000 from the remainder (hereinafter “instant contract”).

B. As down payment to Defendant C, F paid KRW 100 million in total, including KRW 90 million on August 23, 2007, KRW 28.10 million on the same month, KRW 60 million on August 23, 2007, and KRW 40 million on the same day by Plaintiff B, respectively.

C. On November 29, 2007, E and Plaintiff B paid KRW 200 million for the remainder to Defendant C.

Plaintiff

B With the consent of Defendant C on January 23, 2008, each of the instant lands was loaned KRW 770 million from a new agricultural cooperative on the security of the instant land, and paid KRW 70 million to the Defendant C with the repayment of KRW 700 million ( KRW 650 million per original loan obligation, KRW 50 million as of September 14, 2007, KRW 50 million as of September 14, 2007).

E. However, the sales contract of this case was terminated by Defendant C’s notice of cancellation around May 21, 2009 due to the unpaid balance of buyers.

F. Meanwhile, on the other hand, Defendant C was awarded a successful bid on each of the instant lands by means of voluntary auction procedure to the District Court H, and around December 2010, Defendant C was paid KRW 773,615,413 on the date of distribution on the date of distribution on December 15, 2010.

[Ground of recognition] Unsatisfy, A No. 1.

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