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(영문) 서울중앙지방법원 2018.08.23 2017가합541798
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

. The remainder of KRW 1.8 billion was paid on August 1, 200, and the sales contract was concluded for the installment of promissory notes.

3) When entering into an agreement on the acquisition of real estate and business of F on August 13, 2007, Co., Ltd. D (the defendant of the representative director) and E entered into an agreement on the acquisition of real estate and business of F land on August 13, 2007, the above F and G farming association's 10 million won out of the purchase price of the said F and G farming association's 48 units shall be paid in installments within one year from the date of intermediate payment under consultation, and the third balance shall be paid in installments (by October 4, 2007).

(1) On August 13, 2007, the date of the contract is the following sales contract for several real estate including the above F land (hereinafter “instant sales contract”).

2) The sales contract D Co., Ltd. (hereinafter referred to as “A”) was re-established.

) both Company E (hereinafter referred to as “B”) and Company E

1. The sale and purchase contract is concluded as follows: 1. Indication of the object of the sale and purchase contract * G Farming Association membership right: 144 : F land category * 3,058 m2 in Jeju: 33,058 m2 in forest area * Jeju I, J, and K land category: 68,641 m2 in forest area * Total amount: 4.66 billion won in G Farming Association (total amount is the amount for 144 m2 in forest area).

2.Article 2 of the Terms and Conditions of the Sales Contract (Explanation of the subject matter of the Sales Contract) provides each member with various rights to use services, including transfer of ownership of approximately 660 square meters of the above F and Li land, to a member of the G Farming Association.

Article 3 (Methods of Payment of Sales Price) The method of paying the sales price shall be as follows:

The payment date of the contract deposit: The payment date of the contract deposit of KRW 10 million on July 27, 2007: The remainder payment date of KRW 40 million on August 13, 2007: The remainder payment date of KRW 4.55 billion on August 13, 2007 shall be paid in full until November 14, 2007.

Provided, That if it is not paid in full by November 14, 2007, the interest on existing bank loans from November 14, 2007 to pay at least KRW 380,000 per month shall be borne by the Corporation.

Article 4. Real Estate.

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