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(영문) 서울북부지방법원 2016.06.21 2015가단109963
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 2006, the Plaintiff and C took over the purchaser status of 962.7 square meters of E-based E parking lot (hereinafter “instant land”) from the Korea Land Development Corporation and took profits from market prices into account, and borrowed KRW 350 million from Defendant and F around December 2006 for the payment of the transfer price, and drafted a promise to the following contents to Defendant and F:

(2) In order to raise the above funds, the Plaintiff and C, a purchaser of the instant land, who was transferred or taken over from a purchaser D in the housing site G site development project district of the Korea Land Corporation, and the Defendant and F, shall perform as follows: (1) In order to raise the funds, the Plaintiff and C, a purchaser of the instant land that was implemented in the housing site development project district of the Korea Land Corporation, are obliged to transfer 50 million won of the sales project fund to the Plaintiff and C, and KRW 50 million of the sales project site of the said project site (tentatively named parking site) and KRW 50% of the sales project site of the said project site (tentatively named parking site) and KRW 50% of the co-ownership share of 50% to the Plaintiff and F.

(3) Even if the business is known, the Plaintiff and C shall agree to pay to the Defendant and F the total sum of KRW 350 million of the invested principal and KRW 350 million of the investment profit to the Defendant and F, 70 million by the end of March 2008.

④ Under the above payment guarantee, the first bidder D will be liable for the principal amounting to KRW 350,000,000,000 as the guarantor, and the investment profit amounting to KRW 350,000,000,000,000,000,00 as the water guarantee is stipulated to make the registration of establishment of neighboring land as security.

(5) If the amount of compensation is paid out of the Land Corporation with respect to approximately 374 square meters of land between I and J in terms of harmony, full amount of compensation shall be delegated to the defendant and F to be received by investors.

(6) The same year after March 31, 2008, which is the date of agreement.

4.1.1.

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