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(영문) 서울중앙지방법원 2016.07.01 2015가합6628
부당이득금
Text

1. The defendant, for the plaintiff A, 51,359,351 won and 51,134,713 won and 29,76,687 won and 29,76,687 won among them.

Reasons

Basic Facts

Plaintiff

B and the Defendant entered into a sales contract with D to purchase each real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) from D on September 22, 2003 on condition that D’s loans amounting to KRW 150 million (hereinafter “instant loans”), and completed the registration of ownership transfer on October 1, 2003 with respect to each of the instant real estate 1/2 shares on September 22, 2013.

E, on October 14, 2003, concluded an agreement between the parties to recognize the rights of 1/3 as to the ownership and the exercise of property rights to the real estate of this case as to the transfer of 1/6 shares among the real estate of this case from the Plaintiff B and the Defendant, and completed the registration of transfer of ownership on October 14, 2003 as to the total share of 1/3 shares of Plaintiff B and 1/6 of Defendant’s share of 1/2 of Plaintiff B and 1/2 of Defendant’s share of this case on November 1, 2003.

Plaintiff

B on December 29, 2004, upon entering into an agreement with the Defendant to divide profits from the instant real estate into 1/3, the Defendant has the right to manage the instant real estate until September 30, 2004, and thereafter, did not perform the agreement with the Plaintiff B, and since May 1, 2004, it did not perform the obligation to distribute profits, the Defendant sent to the Plaintiff B a certificate of content that “the Defendant shall perform the obligation to transfer the management right and the obligation to distribute profits.” The above content certification reached the Defendant around that time.

Plaintiff

A entered into a sales contract from E on September 20, 206 to purchase KRW 3550 million of E’s shares in the instant real estate, and on November 1, 2006, on September 20, 2006, A completed the registration of ownership transfer based on a share purchase contract as of KRW 1/3 of the instant real estate on September 20, 2006.

The real estate of this case is a household unit of 101, 102, 103, 201, 202, 301, 302, and 302 of the first floor.

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