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(영문) 의정부지방법원 2017.02.09 2016가합50303
손해배상(기)
Text

1. As to the Plaintiff’s KRW 635,00,000 and KRW 435,000 among them, the Defendant shall pay to the Plaintiff KRW 635,00,000 from March 3, 201, and KRW 200,000.

Reasons

1. Presumed factual basis

A. On March 2, 2011, the Plaintiff, C, and the Defendant concluded each of the instant sales contracts (hereinafter “each of the instant lands”) with respect to each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) on March 2, 201 (the land listed in paragraph (1) of the attached Table No. 1, 50 square meters adjacent to the D major 451 square meters in Yangju-si is excluded from the subject of sale) by determining that “the sales contract of each of the instant lands (hereinafter “instant sales contract”) was concluded by the seller, the buyer, the Plaintiff, C, the sales price of which is 4,350,000,000 won [the payment date is March 2, 2011), intermediate payment of KRW 20,000 (payment date is July 2, 2011), the remainder of KRW 3,715,000,000 (payment date is February 28, 2012”).

According to the instant sales contract, the Plaintiff and C paid each of the Defendant KRW 435,000,000 on March 2, 2011, and the intermediate payment of KRW 200,000 on July 5, 2011.

B. On April 12, 2006, on each of the instant lands, the registration of creation of a superficies (the above superficies were transferred to the KB Savings Bank) that became the first mutual savings bank on the top of the maximum debt amount of 1,960,000,000 won for each of the instant lands, including the registration of creation of a mortgage on each of the instant lands, and the registration of creation of a superficies (the above superficies was transferred to the KB Savings Bank to the KB Savings Bank) that became the first mutual savings bank on the first day of a person with superficies.

On February 8, 2013, the Korea Savings Bank, which is the above collateral security right, applied for an auction of real estate on each of the instant parcels of land (U.S. District Court E), and on September 17, 2015, LSPPD acquired the ownership of each of the instant parcels of land through the auction procedure.

C. On November 30, 2016, C, including the transfer of the right to return unjust enrichment, shall be KRW 317,500,000 (==217,500,000 + KRW 435,000 + 100,000), which C owns against the Defendant in relation to the restoration of the original state due to the cancellation of the instant sales contract, and shall be subject to the claim for return of unjust enrichment (=200,000,000 x 1/2).

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