logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2016.11.30 2015가합3334
부당이득금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On March 29, 2005, the Plaintiff, from the Defendants, purchased F forest land E (E) 298 square meters and G forest land 77,456 square meters (hereinafter “each of the instant land”) in KRW 7 billion in the purchase price. The Plaintiff agreed to pay the down payment of KRW 1.3 billion on the date of the contract, the first intermediate payment of KRW 3 billion on May 25, 2005, and the second intermediate payment of KRW 2.1 billion on June 15, 2005, and the remainder of KRW 67,56 square meters on February 2, 2006, respectively.

(hereinafter “instant sales contract”). B.

On February 2, 2006, the Plaintiff completed the registration of transfer of ownership with respect to the instant land. On February 3, 2006, the Plaintiff divided G forest 77,456 square meters into G forest 9,917 square meters (hereinafter “H forest 10,089 square meters”) into 16,529 square meters, I forest 16,529 square meters, J forest 13,223 square meters, K forest 9,917 square meters, L forest 16,529 square meters, M forest 6,611 square meters, N forest 4,730 square meters.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 3-1, Eul evidence 2, Eul evidence 3-1 to 4, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that, instead of the payment of the first intermediate payment, the Plaintiff agreed to take over the loans of KRW 3 billion against the Pakistan Agricultural Cooperative under the Defendants’ name. On July 8, 2005, the Plaintiff paid the said loans of KRW 1 billion to the Defendants, and paid the said loans of KRW 1 billion on March 28, 2006 and KRW 1.5 billion on November 4, 2008.

Ultimately, the Plaintiff paid the said sum as the first intermediate payment of KRW 3.92 billion in total ( KRW 1.4 billion in total). The Defendants paid KRW 1.52 billion in total, in excess of KRW 3 billion in the first intermediate payment under the instant sales contract, and the Defendants received KRW 920 million in addition to the first intermediate payment of KRW 3.0 billion in total. Thus, the Plaintiff should return the said additionally paid KRW 920 million in unjust enrichment to the Plaintiff.

B. The reasoning of the judgment reveals that the Plaintiff paid KRW 3.92 billion to the Defendants as the first intermediate payment, solely on the basis of each of the evidence Nos. 2-1 through 4, and evidence Nos. 3-1 and 2, respectively.

arrow