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(영문) 의정부지방법원 고양지원 2018.08.10 2017가합75432
부당이득반환청구
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is a juristic person operating a medical care center for the aged (hereinafter “the instant medical care center G”) under the name of “E” in the name of the elderly’s medical care center for the aged (hereinafter “E”) and the 1,922 square meters and above the 4th floor and the 1st floor on the 1st floor on the roof tower in Gyeyang-si, Seoyang-gu, Manyang-si, Manyang-si, the Defendant is a juristic person operating the medical care center for the aged (hereinafter “the instant medical care center G”), and the Defendant’s representative director H and his husband jointly operates the said juristic person.

B. On August 2, 2017, the Plaintiffs purchased KRW 5,381,00,000 from the Defendant’s shares and KRW 4,891,00,000 for each of the corporate sales contracts (Evidence 3-1, 200, hereinafter “the sales contract of this case”) with the Defendant, and KRW 490,000 for each of the corporate sales contracts (Evidence 3-1, 200, hereinafter “the sales contract of this case”) with the Defendant, and paid KRW 490,00,00 to the Defendant for the remainder on August 31, 2017.

In addition, between J and H, on August 2, 2017, the Plaintiffs’ children, K purchased the instant medical care center G site and building from I and H in KRW 3,450,000,000, and the down payment of KRW 500,000,000 was entered into a real estate sales contract with each of the following terms: (a) the remainder amount of KRW 2,950,000,000 was paid on August 21, 2017.

1. If a loan of less than 5.6 billion won out of the amount of 6 billion won of L Union loans occurs, the plaintiffs, J, and K must invalidate this contract.

The plaintiffs, J, and K shall endeavor to pay them by proceeding with the metdiology within three months after the next three months within the limit of 400 million won.

When the main sentence does not proceed, the period shall be extended until the main sentence is in progress.

Provided, That the extension period shall not exceed three months.

C. Plaintiffs, J, and K B.

At the time of the conclusion of each sales contract as described in the paragraph, the following special agreements between the defendant and the defendant are "the special agreement of this case".

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