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(영문) 광주지방법원 2019.02.15 2017가단527471
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Conclusion of the first sale contract of this case

A. C was the former representative director of Defendant Company and was the current in-house director. On September 13, 2012, as the agent of D, E, F, and G (hereinafter “D, etc.”) entered into a contract with H to sell approximately KRW 1,170 square meters out of KRW 5,181 square meters in Seo-gu, Seo-gu, Gwangju, which is owned by D, and KRW 30,500,000 in 1,80,000 in 30,502 square meters in Jin-gu, Seo-gu, Seoul, which is owned by Defendant Company.

(C) The first sale contract of this case stated that “The agent C, who was represented by D, etc., takes responsibility and transfers of ownership, shall divide approximately 354 square meters from K to 354 square meters in total real estate (see drawings), and that “the area of J, who was not divided into a road, shall be calculated as the area finalized by division” was stated in the first sale contract of this case.

B. According to the instant sales contract on April 12, 2013, C completed the registration of transfer of ownership of the Seo-gu, Seo-gu, Gwangju and J forests. However, the registration of transfer of ownership of the Seo-gu, Seo-gu, Gwangju forest land was not completed.

C. Meanwhile, on October 26, 2012, the date of the instant sales contract, the area was divided into 2,989 square meters among 30,502 square meters in Seo-gu, Seo-gu, Gwangju on October 26, 2012, and became 2,98 square meters in L.

The second sale contract of this case is concluded.

D. On April 3, 2013, Defendant Company entered into a contract with H on 200,000,000 won (land sale price of KRW 100,000,000, and road construction facility cost of KRW 100,000,000) for a total of 509,000 square meters in Seo-gu L, Gwangju, and 66,00 square meters in K, and entered into a contract with H to pay taxes until completion of the road.

(hereinafter “the second sale contract of this case”). E.

On the other hand, on May 7, 2014, after the 2nd sales contract of the instant case, the Seo-gu Seoul Special Metropolitan City K was subject to registration conversion into M 22,993 square meters and the same month.

8. Of them, 303 square meters was divided into N.

On May 7, 2014, Gwangju-gu L was subject to registration conversion with zero 3,010 square meters, and the same month.

8. Of the 1,743 square meters, P, 933 square meters of either Q and 163 square meters of either of them was divided into R, respectively.

The resale of each land of this case.

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