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(영문) 서울중앙지방법원 2016.04.20 2015가단74150
부당이득금반환
Text

1. From May 8, 2015 to September 30, 2015, the Defendant: (a) KRW 65 million to the Plaintiff; and (b) annually from May 8, 2015 to September 30, 2015 to October 1, 2015.

Reasons

1. Basic facts

A. As a plan for living measures in the Eunpyeong-gu Seoul Metropolitan Government, E.S. Corporation: (a) designated approximately KRW 8,000 square meters of D members as a flower facility site; (b) sold 82 square meters per person to 98 persons subject to livelihood measures; and (c) selected the Defendant as a person subject to livelihood measures.

On August 29, 2009, the defendant entered into a contract with the plaintiff for sale of flower facility site amounting to 65 million won.

The Defendant received the down payment of KRW 10 million from the Plaintiff, and the remainder of KRW 55 million on September 1, 2009.

Upon entering into a sales contract, the defendant prepared to the plaintiff a letter of transfer, a letter of waiver of right, a special agreement, a joint and several guarantee and a letter of renunciation of succession, a statement of performance, etc.

Among them, the main contents of the performance memorandum shall be as follows:

Article 4: When the transfer registration is possible, the defendant promises to immediately implement the procedure for transfer registration of ownership to the plaintiff or the person designated by the plaintiff without adjusting a separate monetary claim regardless of the fluctuation of market price.

Article 9:In the event that the sale contract for flowers Facilities is revoked due to the plaintiff's cause attributable to the plaintiff, such as failure to pay the sale price on the designated date, etc., or the contract is unfavorable to the defendant, the purchase price that the defendant received from the plaintiff shall not be refunded to the plaintiff, and shall be reverted to the defendant, and the disadvantage caused to the defendant shall be delivered

B. The following transitional living countermeasure plans are conducted in such a way that if 98 persons subject to livelihood countermeasures establish an association, they will sell the land for flowers facilities to the association, but those who do not join or withdraw from the association will be deemed to waive their rights.

E. E.S. has established an association to purchase flower facilities sites from 2010 to 2014 on several occasions.

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