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(영문) 대구지방법원 2020.10.15 2019가단134424
부당이득금
Text

1. The Defendant’s KRW 27,456,00 for the Plaintiff and KRW 5% per annum from May 1, 2015 to October 15, 2020.

Reasons

1. Basic facts

A. The Plaintiff owned D and jointly owned the C cemetery 1,402 square meters (hereinafter “C land before subdivision”) in the Gandong-gun, Gandong-gun, Gandong-gun, B, but the Plaintiff’s share was 706/1402, and D shares were 696/1402.

B. Around 706 square meters (hereinafter “E”) that adjoined the land before subdivision C was owned by D alone.

C. On February 14, 2014, the Plaintiff and D sold KRW 1,134 square meters of the sales price to the Defendant for KRW 400,00,000,000 of the sales price, 80,000 out of the sales price, and the remainder of KRW 320,00,000 of the sales price was divided into D, in which the Plaintiff and D sold KRW 268,00,00,000 of the sales price, and the remainder of KRW 320,00,00,000 of the sales price was divided into D.

On the day of the above sales contract, F created three copies of the sales contract (in the case of entry in the preceding sales contract, two copies were replaced by H). The sales contract (No. 2-2) made by means of direct entry of the lot number of E land in the front of the sales contract, which was first entered in the sales contract, was brought to the Defendant who is the buyer, and one (No. 1 and No. 6-1) among the sales contract made by being transcribed, brought to the Plaintiff who is one of the sellers, and the remainder of one (No. 2-1) among the sales contract made by being transcribed, was kept by F.

E. The initial sales contract form made on the date of the contract contains only the content that read “(i) the seller at the time of applying for a construction permit to submit the required documents required for the permission, such as a written consent for land use (Attachment of a certificate of seal impression).”

(f) Of the special terms and conditions, paragraph (1) of the said special agreement, land is land to construct a telecom.

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