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(영문) 서울북부지방법원 2015.08.13 2014가합5030
부당이득반환
Text

1. The Defendant’s KRW 239,443,525 to the Plaintiff and 5% per annum from February 11, 2009 to August 13, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On March 6, 2008, the Plaintiff purchased at KRW 502,00,00 from D, the same apartment No. 8,502 (hereinafter “instant apartment”) around March 6, 2008, when he owned the Dongdaemun-gu Seoul Metropolitan Government C apartment No. 4 and 906 (hereinafter “instant apartment”).

On July 30, 2008, the Plaintiff completed the registration of ownership transfer for 1/2 of the above 8-dong 502.

B. At the time, the plaintiff, the director of the council of occupants' representatives, the defendant, E, F (hereinafter "the defendant, E, and F"), who was the president of the council of occupants' representatives at the time, knew that he would have well promoted the redevelopment project of the C Apartment around August 2007. However, around March 2008, the defendant et al. presented that he would be the defendant when he would replace the president of the redevelopment project with the plaintiff. However, on March 2008, the plaintiff would resign from the president of the council of occupants' representatives by resolving this problem because the apartment of this case is not well sold.

C. 1) On June 19, 2008, the Plaintiff entered into a sales contract with the Defendant, etc. to sell the instant apartment at KRW 600 million, and the Plaintiff agreed to pay the purchase price up to the end of July 30, 2008 or at the latest on or before December 2008. 2) At the time of the conclusion of the said sales contract, the Plaintiff and the Defendant, etc. entered into an agreement with the Defendant, etc. that “the Defendant, etc., may have the Plaintiff enter into the said contract with the board of directors up to July 30, 2008.” The Plaintiff shall ensure that the Defendant, etc. may take over KRW 20 million loans to the instant apartment and KRW 502 billion loans to the C Apartment 8 and 502,300,000,000,000,000 for interest after July 30, 2008.”

The Defendant paid KRW 100 million to the Plaintiff as the instant apartment contract deposit, among the money received from E on July 30, 2008, but did not pay the remaining sales amount thereafter.

(e) 1E is excessive in the amount of sales to which redevelopment projects are not well promoted compared to the market price.

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