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(영문) 부산지방법원 2020.12.16 2019가합48017
부당이득금
Text

1. The Defendant: (a) against the Plaintiff Company A, KRW 344,221,979; and (b) 140,000,000; and (c) against each of the said money, the Defendant shall have filed against the Plaintiff Company B on October 2019.

Reasons

1. Basic facts

A. Plaintiff A is a corporation that is engaged in housing construction business, sales agency business, etc., and Plaintiff B is a person who actually operates Plaintiff A.

The defendant is a non-corporate group that promotes the establishment of a regional housing association under the Housing Act for the purpose of constructing a new apartment house with Busan Jin-gu D (hereinafter "the project in this case") as a site for the purpose of constructing a new apartment house, and the E Co., Ltd. (hereinafter "E") is a corporation that engages in real estate sales agency business, consulting business, etc.

The purpose of this contract is to indicate the subject matter of sale at KRW 300,000,00 of the apartment site / total floor area of 9,880,000 square meters (2,98.70 square meters) of the apartment site in Busan-gu, Busan-gu, Busan-do, Busan-do (2,988.70 square meters) and to indicate the subject matter of sale at KRW 300,00,000, and deposit money for the purpose of this contract under Article 1 (the purpose of this contract). The purpose of this contract is to delegate the agency business for the purchase of the instant project to the Plaintiff in order for the Defendant and E to efficiently recruit the members of the regional housing association, and to use the deposit money to receive the above amount and use it

Article 2 (Period for Returning Security Deposit)

1. From the date of the conclusion of this Agreement to the date of achievement of 40 per cent of the total number of household units (306 household units) of the sale in lots (123 household units).

2. The deposit money (300,000,000 won) shall be deposited in cash with the designated account without a tax invoice within five (5) days after the claim is made upon the fulfillment of the conditions set forth in paragraph (1) of this Article.

Article 3 (Termination of Contracts)

2. The plaintiff A may terminate this Agreement in the following cases:

- Where the Defendant and E are unable to engage in business activities due to the suspension of advertising support for business activities

3. At the time of termination of this Agreement, the Defendant and E shall settle the costs in accordance with:

- When the defendant and E terminate even in the middle of the cause attributable to the defendant and E, the defendant and E shall be deposited (300,000,000) from the date of the contract to the date of redemption.

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