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Reasons
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(영문) 부산지방법원 2019.02.20 2018가합46502
부당이득금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On June 13, 2016, the Defendant concluded a sales contract between the Defendant and C, as follows: (a) on June 13, 2016, the Defendant: (b) from C Co., Ltd., the Plaintiff: (c) the Busan-gu Busan-gu D 762.9 square meters; (c) the E-road 68.6 square meters; (d) the Fluor 6.4 square meters; and (e) one Dong of neighborhood

(2) The purchase price of 4.12 billion won is 4.12 billion won; the down payment of 410 million won is 3.7 billion won on the date of the contract; the remainder of 3.71 billion won on September 13, 2016; and the special agreement provides that the buyer may change the buyer before the remainder (hereinafter referred to as “instant sales agreement”).

(2) Accordingly, on June 13, 2016, the Defendant paid the down payment amount of KRW 410 million to C Co., Ltd.

B. On September 17, 2016, the Defendant: (a) transferred the Plaintiff’s status as a purchaser under the instant sales contract to the Plaintiff; (b) received total transfer amount of KRW 400 million, including KRW 400 million, and KRW 400 million, and KRW 800 million, and the date of payment agreed to the effect that “within 15 days after the completion of the instant building” (hereinafter referred to as “instant transfer/acquisition agreement”).

(2) Accordingly, the Plaintiff, who succeeded to the buyer status, entered into a sales contract with C as the same content as the instant sales contract, and changed the remainder payment date into October 31, 2016.

3) On October 31, 2016, C Co., Ltd. is the Plaintiff’s land among the instant real estate (hereinafter “instant land”).

(C) On June 13, 2016, the Plaintiff paid KRW 830 million to the Defendant, including KRW 50 million on March 31, 2017, KRW 50 million on April 1, 2017, KRW 100 million on May 26, 2017, and KRW 630 million on November 10, 2017. [Grounds for Recognition] The Plaintiff paid KRW 830 million on the ground that there is no dispute, KRW 1 through 4, and KRW 7, including the number, and the purport of the entire pleadings.

2. The plaintiff's assertion

A. Pursuant to the transfer contract of this case.

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