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(영문) 서울고등법원 2017.05.31 2016나10461
부당이득금반환 등
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B church (hereinafter “Defendant church”) are churches affiliated with E religious organizations.

Dol H is the plaintiff's pastor, the defendant C is the member of the defendant church, and the defendant D is the head of the defendant church.

B. On August 25, 2006, the Plaintiff acquired the ownership of 331 square meters of land and buildings owned by the Plaintiff (hereinafter “land prior to land substitution”). Since then, an urban development project was implemented in the area of the land located within one unit of the said land including the said land, the relevant land was designated as the land scheduled for substitution of land for substitution of land, which is 340.1 square meters of land of the relevant area Gro-si G block (hereinafter “instant land”).

B. On June 2010, the Plaintiff started construction of the building of the Plaintiff church on the ground of the instant land, and completed construction of the building around November 2010.

C. (i) On December 6, 2010, the Plaintiff entered into a sales contract between the Plaintiff and the Defendant church with the content that the Plaintiff sells to the Defendant church the land of this case and the building newly built on the land of this case for KRW 1,545,00,000,000, and the Defendant church pays the Plaintiff KRW 140,000 as the down payment, and instead of paying the remainder, the Plaintiff would take over the loans from the financial institution as collateral of the instant land, etc. and bear the remainder of the construction cost (hereinafter “instant sales contract”).

The Plaintiff and the Defendant church agreed to increase the sales price to KRW 1,830,690,00, reflecting the circumstances in which the construction price of the building under construction has increased, and the Defendant church fulfilled all the obligation to pay the sales price under the provisions of the instant sales contract.

On December 23, 2010, the defendant church, for which the registration of the transfer of land ownership and the preservation of a building have been made, has received from the plaintiff on December 6, 2010 the registration of the transfer for the land before land substitution was made on the grounds of sale, and thereafter the registration of the transfer was made on April 201.

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