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(영문) 대전지방법원천안지원 2017.09.27 2016가단114923
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 63,50,000 and the interest rate of KRW 15% per annum from December 28, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On February 27, 2016, the Plaintiff prepared a provisional contract for real estate trade with the content that the Defendant would purchase the land B and the 6th floor building on the land B (hereinafter referred to as the “instant real estate”) from Asan City in KRW 2,050,000,000, and paid KRW 20,000 as the provisional contract amount to the Defendant.

B. After that, on May 4, 2016 between the Plaintiff and the Defendant, a sales contract (hereinafter “the sales contract of this case”) stating the purchase price of the instant real estate as KRW 1,995,00,000 was concluded, and the Plaintiff and the Defendant, in relation to the payment of the purchase price, deducted the sum of KRW 20,000,000,000,000,000,000,000, 5,000,000,000,000,000,000, 2,106,06,540, public charges settlement expenses, 206,540,000, 232,868,520,520,000,000,000,000, 206,506,005,005,06,06,005,06,000,05,00.

C. The amount of debt on the registry of this case was KRW 979,70,310, KRW 63,50,00, KRW 63,50,00, KRW 13,650,00, KRW 785,180, KRW 950,430, KRW 17,871,340, and KRW 6,787,590, KRW 850, KRW 63,00, KRW 63,50, KRW 650,00, KRW 70, KRW 704, KRW 650,000, KRW 750, KRW 750, KRW 785,685, KRW 180, KRW 180, KRW 950, KRW 178,784, KRW 787,975, KRW 67,587, KRW 975,07, KRW 97,507).

However, in the process of calculating the sum of F, using the EXE program, F, which has arranged the instant sales contract, entered the amount of KRW 63,500,000 in the collective security in the name of C and D, by mistake, not the figures, and X-cell.

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