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(영문) 서울중앙지방법원 2020.04.21 2018가단39462
부당이득금 청구의 소
Text

1. Of the purport of the instant claim, the Plaintiff claimed KRW 27,500,000 against the Defendant and the purport of the instant claim.

Reasons

1. Basic facts

A. On May 27, 2016, Defendant Company: (a) paid 2.2 billion won (or KRW 1.5 billion in tangible assets, KRW 1.7 billion in the first down payment; KRW 2.7 billion in the second down payment; KRW 250 million in the second down payment; KRW 200 million in the first down payment; KRW 3.7 billion in the second half payment; KRW 200 million in the second half payment; KRW 2.7 billion in the second half payment; KRW 200 million in the second half payment; and KRW 1.7 billion in the second half payment; and KRW 200 million in the second half payment; and KRW 20 million in the second half payment; and KRW 300 million in the second half payment; and KRW 6.7 billion in the part of part payment on June 24, 2016; and KRW 6.75 billion in the part payment of intermediate payment; and (b) paid the part of the intermediate payment on June 26, 2016.

B. In the situation where the Defendant paid at least KRW 1.1 billion to C, the Defendant and C first concluded a lease agreement with respect to the instant real estate, and C, on July 4, 2016, drafted a lease agreement (No. 2. 3, 200,000,000 won, monthly rent of KRW 5 million, monthly rent of KRW 2,000,000,000 with respect to the Gdong building 909 square meters among the instant real estate, from among the instant real estate, to the Defendant Company, each lease agreement (No. 2. 3, 200,000,000 won, and KRW 183,000,000,000,0000,000,000 won, among the instant real estate).

C. The Plaintiff was awarded a successful bid for the instant real estate in Suwon District Court Sung-nam Branch J real estate auction and completed the registration of ownership transfer on August 7, 2017.

The Plaintiff’s real estate of this case.

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