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(영문) 광주지방법원 목포지원 2021.01.12 2020가합10362
부당이득금
Text

Defendant (Counterclaim Plaintiff) is jointly and severally liable to Plaintiff (Counterclaim Defendant) for KRW 70,000,000 and KRW 35,000,000 among them.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company that sells housing units.

Defendant B is the owner of each real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”). Defendant C is the owner of each real estate listed in the separate sheet No. 2 attached hereto (hereinafter “instant real estate”). Defendant D is the owner of each real estate listed in the separate sheet No. 3 (hereinafter “instant real estate”). Defendant D is the owner of each real estate listed in the separate sheet No. 3 (hereinafter “each real estate of this case”). Defendant B and Defendant C is E, and Defendant D is the wife of each real estate listed in the separate sheet No. 1 through No. 3.

B. The Plaintiff planned to establish a regional housing association to newly construct and sell each of the instant real estate and its neighboring land.

The plaintiff was consulted with the defendants to enter into a real estate sales contract with F.

(c)

On May 15, 2019, the Plaintiff entered into a contract with Defendant C to purchase the instant real estate in KRW 12,536,00,000 for the price of KRW 12,536,00,000, and entered into a contract with Defendant C to purchase the instant real estate in KRW 4,100,000 for the price of KRW 2,00. The Plaintiff entered into a contract with Defendant D to purchase the instant real estate in KRW 664,00,00 for the price of KRW 3,00 for each of the instant real estate (hereinafter “each of the instant sales contracts”).

The main contents of each of the instant sales contracts are as follows.

1) Article 5 / [Mutual Cooperation] Article 5 / [Mutual Cooperation] Article 5 / [Mutual Cooperation] of the Plaintiff and Defendant B, at the same time with the first down payment of KRW 360,00,000 at the time of payment of the real estate sales contract price for the real estate transaction contract for the Plaintiff and Defendant B, at the same time, shall issue a written consent for the use of land and a certificate of seal impression necessary for the approval of the construction project at the request of the Plaintiff, and all documents necessary for the project shall be issued and provided at the request of the Plaintiff.

§ 6.

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