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(영문) 광주고등법원 2019.07.19 2018나25792
부당이득금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff is a regional housing association established to carry out a new apartment construction project with a scale of 764 households (hereinafter “instant project”) on the land of 46,800 square meters (hereinafter “instant project site”) outside the Seoul Mine-gu, Gwangju, and 58 lots (hereinafter “instant project”).

B. The Defendants have 1/4 shares of co-ownership as to H 2,237 square meters and I 2,245 square meters (hereinafter “each of the instant lands”) located in the instant project site, respectively.

(hereinafter “each of the instant shares”) C.

1) The Plaintiff is a non-party company G (hereinafter “non-party company”) before obtaining authorization to establish the instant project.

(2) On September 4, 2015, the non-party company entered into a sales contract with the Defendants to purchase each of the instant co-ownership shares from the Defendants in total of KRW 4.746 million (per day, KRW 3.5 million) between the non-party company and the Defendants, and the non-party company entered into a sales contract with the non-party company to purchase each of the instant co-ownership shares from the Defendants.

(hereinafter “instant primary sales contract”). The instant primary sales contract concluded that the period for the performance of the down payment (10% of the sales price) will be October 31, 2015, and that the sales contract would be null and void unless the down payment is paid by the said implementation period.

3) However, until October 31, 2015, Nonparty Company failed to pay the Defendants the down payment pursuant to the instant first sale contract. D. 1) On November 2, 2016, Nonparty Company and the Defendants: (a) purchased each of the instant co-ownership shares from the Defendants in total at KRW 5 billion (3.7 billion per square); (b) purchased each of the instant co-ownership shares from the Defendants in total at KRW 5 billion; (c) the down payment (10% per contract price) was on the date of contract; and (d) the remainder (90% of the purchase price) was paid until February 28, 2017.

(hereinafter “instant secondary sales contract”). The second Nonparty Company between the Defendants on the same day and the Defendants on the same day, respectively, and the Nonparty Company against the Defendants.

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