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(영문) 수원지방법원 2015.12.24 2015나11240
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 Defendant is a person who was the head of an association of the IF selected as the object of supply of neighborhood living facilities or neighborhood commercial sites supplied to the person subject to livelihood measures according to the Housing Site Development Business Act (hereinafter “instant association”). On March 31, 2008, the Defendant’s right to sell the Defendant’s right to sell the land in lots (hereinafter “the right to sell lots of lots of lots”) to C-development areas or the Defendant’s right to sell the land in lots of six square meters (19.8 square meters) between D and D, which was the head of the JF association, to be supplied to the person subject to livelihood measures in accordance with the Housing Site Development Business Act, means the right to sell lots of land in a new city of residential countermeasures, the right to sell lots of land in a pre-existing residential site or the right to sell the land to the person who carried on the business

The transfer/acquisition agreement (No. 1) was prepared, and on the same day, E Co., Ltd. (hereinafter referred to as “E”) prepared a letter of performance stating that “I will assume the responsibility for the head of the JA and E, if there is any property damage if I will maintain the head of the 633.6mm2 in the C Life Countermeasures Area,” and “I will take the responsibility for the head of the JA and E.

B. On June 20, 2008, the instant association entered into a sales contract with the Korea Land Corporation for KRW 2,590,000,000 with respect to the purchase price for the K Neighborhood Living Facilities in Seongbuk-gu, Seongbuk-gu, Sungnam-si (hereinafter “instant land”), which is subject to the instant water ownership, and the name of the purchaser of the said sales contract was changed to L Co., Ltd. (hereinafter “L”) on August 4, 2008 with the consent of all the members.

C. D received the Defendant’s signature and seal on the same form of the contract (Evidence A 1) as the sales contract of this case, and the seller’s column entered the Defendant’s remaining personal information in the seller’s column and signed and sealed the buyer’s column.

However, the status submitted by the Plaintiff.

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