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(영문) 수원지방법원 2014.11.19 2014나18916
부당이득금반환
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant sold industrial facility sites to each company, the size and development cost of which have not been determined, prior to the completion of construction of the construction of the main publishing culture complex.

On November 16, 2010, the Plaintiff: (a) purchased from the Defendant a 2-level and 231-4 large 6,549.7 square meters (hereinafter “instant land”); (b) determined the estimated purchase price as KRW 3,027,670,00 (presumed development cost 462,261 square meters/ square meters); and (c) settled the area and the increase or decrease in development cost according to the final survey following the completion of the construction of the land.

(hereinafter “instant contract”). The main contents of the instant contract are as follows, and the following contents are prepared in advance by the Defendant in order to conclude a contract with several other parties.

Article 1 (Methods of Sale and Purchase) (1) A (Plaintiff) shall purchase land subject to purchase from B at the following prices, and Gap shall pay the purchase price to B in accordance with the following methods of payment:

(2) On November 16, 2010, 302,267,00 won 302,267,267,00 won 2803,505,844 won 454,403,00 won 2,349,00 won 2,349,000 won 2,349,102,8444,000 won 16,46,000 won 16,47,000 won 16,30,000 won 16,40,000 won 16,47,00 won 16,84,00 won 16,30,00 won 45,00 won 16,84,05,00 won 16,04,000 won 16,54,010,04 won 16,504,204,014 won 2,04

In such cases, if a contract is concluded with a provisional installment area before the completion of the construction work on the date of the contract, the consent date or the B shall be notified.

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