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(영문) 인천지방법원 2014.09.24 2014나3856
부당이득금 등
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On October 2007, the Plaintiff purchased from the Defendant approximately KRW 175,000,000 out of approximately KRW 1,924 square meters ( approximately 582 square meters, hereinafter referred to as “pre-divided land”) in Incheon, Incheon, Incheon, Incheon, for the purchase of approximately KRW 250 square meters in total, and around that time, paid the Defendant the full payment of the above purchase price.

B. Thereafter, on June 4, 2008, the Plaintiff decided to purchase an additional amount of KRW 100,000,000 from the Defendant’s land prior to subdivision, and the Plaintiff and the Defendant made a sales contract to purchase KRW 350,000 from the Defendant’s land prior to subdivision (i.e., KRW 225,00,000 (= KRW 175,000,000, KRW 50,000,00) among the land prior to subdivision, and paid KRW 50,00,000 to the Defendant on July 10, 2008.

(hereinafter referred to as the “instant sales contract”) C.

At the time of the conclusion of the instant sales contract, the Defendant obtained a building permit for the part of the Plaintiff’s purchase among the lands before subdivisions, and completed the registration of ownership transfer until April 2009 by the Incheon District Court’s reinforcement registry office for the land before subdivisions, which was completed by No. 16815, Jun. 18, 2007; the registration of establishment of a neighboring mortgage as a debtor D and an agricultural cooperative for the mortgagee of a right to collateral security; and the registration of cancellation of a neighboring mortgage as a debtor D and an agricultural cooperative for the transfer of a right to collateral security (hereinafter referred to as the “existing establishment registration”) completed by No. 2555, Sept. 17, 2007 by the maximum debt amount, which was completed by No. 2555, Sept. 17, 2007.

However, the defendant is now.

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