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(영문) 서울서부지방법원 2019.08.22 2018가합38362
부당이득금 반환 청구
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 19, 2007, Plaintiff A entered into a sales contract with the Defendants for the purchase of 1/4 equity shares in the Dong business related to the business of constructing and selling a building on the land of Yongsan-gu Seoul Metropolitan Government (hereinafter “instant business”) to KRW 1.550 million (the contract amount of KRW 300 million, intermediate payment of KRW 740 million, and the balance of KRW 510 million) (hereinafter “instant sales contract”), and the Plaintiff A agreed to receive the Defendants’ share in lieu of the Defendants’ share and pay the Defendants.

The terms of the above sales contract include the following:

1. A loan of 500 million won from the total purchase price shall be paid after deducting the balance;

b. to pay 2.2.2.2. 15 billion won, which is the sale price deposited as of October 19, 2007, after deducting from the time of intermediate payment.

(zb) The registration of transfer of ownership to Yongsan-gu Seoul Metropolitan Government (owner: H) shall be made simultaneously with the intermediate payment, and the first priority priority mortgage claim in the same Dong area shall be transferred from the creditor to the buyer;

f.6. This sales contract is a contract under which 25% of the total sale price of Yongsan-gu Seoul Metropolitan Government F.

The Defendants paid the Plaintiff A the down payment of KRW 300 million at the time of entering into the instant sales contract. On October 25, 2007, the intermediate payment of KRW 740 million, subtracting KRW 215 million already received by the Plaintiff A from the intermediate payment of KRW 200 million, and paid KRW 525 million as the intermediate payment. The Defendants paid KRW 510 million, deducting KRW 50 million, which the Defendants agreed to succeed from the remainder of KRW 510 million, thereby completing the payment of the purchase price.

C. In order to secure the Plaintiff’s claim against the Plaintiff pursuant to paragraph (4) of the terms of the instant sales contract, the Defendants: (a) on October 30, 2017, share of 24.69 percent of the Yongsan-gu Seoul Metropolitan Government G Land (hereinafter “instant land”) owned by H (which is the Plaintiff’s penalty portion) (hereinafter “the instant land”).

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