logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.05.31 2018나2053529
부당이득반환청구
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs ordering payment under paragraph (2) shall be revoked.

2. The defendant is against the plaintiffs.

Reasons

1. Basic facts

A. 1) The Defendant is a medical care center for the elderly (hereinafter “instant medical care center E”) with the trade name of “E” from the building 1,916 square meters and above the ground and 4 floors on the roof tower in Goyang-dong-gu, Manyang-si, Ilyang-si, Ilyang-si, the Defendant.

(B) The Medical Care Center for the Aged (hereinafter “instant Medical Care Center G”) is the name of “G” from the building of 1,922 square meters and 1,000 square meters and above ground and 4,000 square meters and 1,000 square meters

(2) The Plaintiffs, together with J and K, have tried to purchase the instant medical center G and E, including the Defendant’s legal entity, are jointly operated by the Defendant’s representative director H and her husband. (2) The Plaintiffs were children between husband and wife.

B. On August 2, 2017, the Plaintiffs: (a) purchased the entire site and buildings E of the instant medical care center; and (b) purchase price of KRW 5,381,00,000 from the Defendant in total; and (c) KRW 490,000 for the down payment of KRW 4,891,00,000 for the remainder payment of KRW 4,891,00,000 on August 31, 2017 (hereinafter “the instant sales contract”).

2) At the same time, J and K purchased the land and buildings of the instant medical care center G in KRW 3,450,00,000 from I, H and their employees, and concluded a real estate sales contract with the content that the down payment is paid in KRW 500,000 on the contractual date, and the remainder KRW 2,950,000,000 on August 21, 2017.

(hereinafter “G sales contract.” Plaintiff A purchased KRW 30,00,000,000 for the purchase price of KRW 120,000,000,000,000,000, which is the remainder of KRW 20,000,000 on August 21, 2017; however, Plaintiff A entered into a real estate sales contract with each of the payment on August 21, 2017 at the same time; however, the same does not apply to this part, as the instant lawsuit was not specifically disputed. Plaintiff A, J, and K purchased KRW 5,60,00,00,00 for L Union loans of KRW 6 billion.

arrow