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(영문) 제주지방법원 2020.08.21 2018가단53131
부당이득반환 등
Text

1. The Defendants jointly share KRW 43,265,170 with respect to Plaintiff A fishery partnership corporations, and the Defendants jointly do so from December 1, 2016 to March 1, 2018.

Reasons

1. Facts of recognition;

A. Plaintiff B is the owner of the F land at Jeju, and Plaintiff C is the owner of G and its ground plantation.

(However, the Plaintiff C transferred G land ownership to H on August 10, 2016. The Plaintiff C’s aquaculture was actually divided into two forms and operated. However, the area was 72.9% in the form of culture with large area and 27.1% in the form of culture with small area.

Plaintiff

On April 9, 2015, a fishery partnership corporation (hereinafter referred to as the “Plaintiff corporation”) entered into a contract with Defendant D Fisheries Partnership (hereinafter referred to as the “Defendant”) to sell the entire land owned by Plaintiff B and small farms (hereinafter referred to as “small farms”) and the site thereof, and its appurtenant facilities and F land owned by Plaintiff B to Defendant E (hereinafter referred to as the “instant sales contract”), and delivered the instant model to the Defendants on May 28, 2015, after paying the down payment 200 million won.

[] The goods to be sold by the seller to the buyer (the plaintiff) are as shown in the attached list attached to the contract, including all of the fishing grounds and annexed facilities installed in G at Jeju, and the whole answer of F, as well as the following:

1. All the breeding farms and accessory facilities of this case;

2. Return of the F in Jeju.

3. All devices, equipment, fixtures and transport equipments for farming or producing fish farms;

4. The lease and other rights relating to fish farm as incidental to the above 1, 2 and 3 shall be divided into a down payment, an intermediate payment, and any balance under Article 2 (Sale Price).

1. The sale price shall be two billion won in total;

2.The buyer shall pay the purchase price to A (Defendant) as follows:

(1) Of the down payment of KRW 200 million, 50 million shall be paid in cash until April 9, 2015, and KRW 150 million shall be paid as a bill until April 28, 2015, and a contract shall be concluded at the same time.

(2) Any balance shall be paid in cash until February 28, 2016.

Article 3 [Responsibility and Obligations] A and B (Plaintiffs)

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