logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2016.07.15 2015나1153
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant’s partnership business relationship 1) Defendant and D (hereinafter “Defendant, etc.”)

[E] The Gangnam-gun-gun and five parcels (hereinafter referred to as “E land”).

2) On the ground, the apartment of 78 households on the ground (hereinafter “F apartment”).

) The G and one parcel (hereinafter “G land”) outside of the Gangnam-gun, Gangnam-gun, Chungcheongnam-do.

A) On the ground, 29 households’ building (hereinafter “H building”) is named H.

2) The project to newly build and sell the project (hereinafter referred to as the “instant project”).

(2) The Defendant purchased E land from I and J on September 8, 201 and completed the registration of ownership transfer in the name of the Defendant on the same day.

3) On September 22, 2011, the Defendant and the Plaintiff jointly implement the instant project by investing KRW 300 million, and the partnership ratio was agreed to be Defendant 6 and Plaintiff 4. According to the said agreement, the Plaintiff paid KRW 300,000 to the Defendant a total of KRW 300,000,000.

B. A transfer of F apartment construction business 1) The Defendant, etc., to whom it is difficult to carry out the instant business due to the aggravation of financial standing, decided to sell F apartment construction business among the instant business, and to sell E land to N and one other on May 3, 2012 to KRW 1 billion (hereinafter “instant trading provisional contract”).

A) The sales price was concluded, and the main contents of the above sales price are as follows: 1 billion won contract: 200 million won contract; - the buyer is entered in the agreement - but the buyer is specified under the seller’s permission at the time of paying any balance, and the seller (the Defendant) accepts it. - The seller (the Defendant is the second-class mortgagee of the down payment of the down payment of KRW 200 million.

arrow