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(영문) 서울고등법원 2015.10.13 2013나2010619
부당이득금반환
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

2...

Reasons

1. Basic facts

A. 1) On July 30, 2004, the Plaintiff entered into a sales contract of this case with Defendant C who represented Defendant B on behalf of Defendant B, and the Plaintiff is 330 square meters G in Sungnam-si, Sungnam-si (hereinafter “instant site”).

() The two houses (160.76 square meters, 207.51 square meters, 23.73 square meters, and 23.73 square meters, each of which is 160.76 square meters, 207.73 square meters, each of which is hereinafter referred to as the “instant building”).

2) As to the instant land, the instant land, buildings, and forests are located in the area of 6,215/13,612 shares among the 1,956 square meters of H forests and fields adjacent to the instant land (hereinafter “instant forest”). In addition, the instant land, buildings, and forests are collectively referred to as “each of the instant real estate.”

(1) The sales contract of this case (hereinafter referred to as “instant sales contract”) to purchase the purchase price of one billion won

(2) The main contents of the instant sales contract are as follows.

The method of payment of the purchase price of KRW 1 billion - Payment of KRW 120 million - Payment of KRW 150 million - Payment of KRW 100 million - Payment of KRW 150 million on the date of the contract - Payment of KRW 180 million - Payment of the remainder 180 million on October 20, 2004 - Payment of KRW 450 million out of the remainder of the remainder - Acceptance of the secured debt of the right to collateral security in the name of the Young-dong Agricultural Cooperative under the name of the Young-dong Agricultural Cooperative, which was established on the instant site and building, and the payment of KRW 100 million shall be substituted for the payment.

Matters to be entered into a special agreement (hereinafter referred to as the “instant special agreement”) - This contract shall be entered into with the defendant C who is the actual holder of the right.

- In developing the above land, the issue of damage to forest land and its development shall be responsible for, and developed and consulted by, Defendant C (seller), and the development costs incidental thereto shall be borne by the Plaintiff (Buyer).

- The seller (Defendant C) is responsible for the defects of the first floor, such as the floor and the wall of the instant building (cafeteria), and the second floor.

- provide a deduction of KRW 100 million out of the balance until the completion of development and defects;

(hereinafter the Plaintiff’s remaining balance of KRW 100 million for which payment was deferred (hereinafter “instant withheld balance”). B.

The Plaintiff is entitled to the payment of the purchase price.

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