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(영문) 춘천지방법원 2015.09.01 2014가단33119
부당이득금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 16, 2004, the Plaintiffs entered into a sales contract with the Defendants on a total of KRW 28,429 square meters (8,59.9 square meters; hereinafter “the instant transaction real estate”) for KRW 1,290,000 on a yearly basis, designating the total of KRW 1,50,000 for KRW 1,290,000,000 for the purchase and sale of KRW 380,000 for an intermediate payment at the time of the contract, KRW 380,000 for an intermediate payment, KRW 785,00,000 for the remainder payment, April 16, 2004, and KRW 785,000 for the remainder payment, which is paid on June 16, 2004.

(hereinafter “instant sales contract”). B.

The Defendants paid down payment and intermediate payment to the Plaintiffs pursuant to the instant sales contract, but on June 12, 2004, requested the Plaintiffs to postpone the payment due date of KRW 785,00,000,000 as well as on June 12, 2004, the size stated in the contract of the instant real estate was 28,429 square meters, and the actual measurement showed that the size was 1,476 square meters (46.5 square meters) with the size of 26,953 square meters, and accordingly, requested the Plaintiffs to reduce the sales price of KRW 66,975,00 (per square year 156.5 square meters x 446.5 square meters).

C. On June 25, 2004, the Defendants filed a motion for the reduction of the purchase price of this case with respect to the following grounds: (a) in order to prevent the loss of land in the course of restoring flood damage caused by typhoons, for the purpose of preventing the loss of land in the course of restoring the land, for which an area actually usable was reduced; and (b) on July 9, 2004, the Defendants agreed to reduce the purchase price of this case from the Defendants’ amounting to KRW 40,185,00, which is 60% of the remainder of the sales contract of this case requested by the Defendants among the remainder of the sales contract of this case (hereinafter “the price reduction agreement of this case”); and (c) received the remainder of the reduced amount from the Defendants.

On July 14, 2004, the Defendants, etc. completed the registration of transfer of ownership based on the sale and purchase of the instant real estate. On January 25, 2006, and on January 26, 2006, each of the instant real estate was subdivided into each of the lands listed in the separate sheet (hereinafter “each of the instant land”).

E. Each of the instant cases.

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