logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.12.22 2015가단212877
부당이득금등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the housing construction business, the sales business, etc., and carries on the new construction business of collective housing in Pyeongtaek-gun, Changwon-gun, etc. (hereinafter “instant business”).

B. On March 24, 2014, the Plaintiff entered into an agreement with Defendant B and A on land use approval and land transfer without compensation (hereinafter “instant first agreement”). The main contents of the agreement are as follows.

1. A consent to land use is granted to Defendant B and A (hereinafter “B”) with respect to the part of subparagraph (a) (hereinafter “instant F land”) in the Pyeongtaek-gun F owned by the Plaintiff (hereinafter “A”) (hereinafter “instant F land”).

(단, 을은 위 토지 부분의 지목을‘대지’에서‘도로’로 바꾸는 것을 갑에게 요구할 수 없다). 2. 을은 평창군 G 중 갑이 8m 도로를 확보할 수 있도록 뾰족 튀어나온 부분(약 17㎡±1.65㎡, 이하‘이 사건 토지’라 한다)을 무상으로 양도한다.

3. A promise to deliver to A all documents relating to land to which B will be transferred without compensation by April 27, 2014, and A promises to provide for B’s consent to land use and any documents necessary for permission.

7. A 50 million won shall be paid to H when the PF occurs.

9. Provision lot number: It shall be transferred gratuitously on condition that consent to use land for I, J, K, and L is obtained;

C. On March 27, 2014, the Plaintiff entered into a sales contract for the instant land with Defendant B, a co-owned share holder (each share of 1/2). On the same day, the Plaintiff issued to Defendant D a written consent to the use of the instant land, and transferred KRW 50 million to Defendant D’s account on May 23, 2014.

On April 3, 2014, Defendant A completed the registration of ownership transfer in the name of the Plaintiff with respect to the shares of 17/480 square meters out of 17/480 square meters in total of 480 square meters in Gangseo-gun, Gangwon-do (hereinafter “Gangwon-gun”). On May 8, 2014, the Plaintiff is a trust of assets in Korea with respect to the said shares of 17/480 square meters.

arrow