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(영문) 서울서부지방법원 2015.06.26 2015가합366
부당이득금반환
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2...

Reasons

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. The Party D (hereinafter “the deceased”) was a child, and died on September 27, 2013 with the Plaintiff A(1 South), E(2), and Plaintiff B(3 South) as his/her child, and the Defendant is E’s wife.

B. The Defendant acquired the instant multi-household house and apartment sales right) on November 27, 2007, 201, Mapo-gu Seoul Metropolitan Government 201 (hereinafter “multi-household house”).

(2) On October 10, 2012, the Defendant completed the registration of ownership transfer on the ground of sale on the ground of the above multi-household housing site, and thereafter acquired membership as a member of the Housing Redevelopment Association. On March 22, 2012, the Defendant concluded the apartment sale contract with the Housing Redevelopment Association, which is KRW 406,410,520 (the contract amount of KRW 20% is divided into five lanes, the intermediate payment of KRW 50% is divided into five lanes, and the remainder of KRW 30% is paid at the time of occupancy).

C. The conclusion of the sales contract for the instant apartment sales right and the instant provisional seizure 1) The Defendant: (a) between H and I on March 7, 2014 and the sales price of KRW 614,150,000 (the contract amount of KRW 20,000,000 shall be the intermediate payment of KRW 50,000,000 when the contract is concluded;

3. Any balance of 544,150,000 won until 21.

4. By July 2, 200, the Plaintiff concluded a sales contract for the instant apartment sales right with each payment made to the Defendant. (2) However, on April 2, 2014, the Plaintiffs received a provisional attachment order for all rights under the instant apartment sales contract as the Sungwon District Court’s Sungnam Branch Branch 2014Kadan50303, by deeming each payment made to be a claim for each loan claim against the Defendant.

(hereinafter “The instant provisional attachment”). 3 The Defendant, on March 31, 2014, cancelled the contract where the transfer of ownership is impossible due to the occurrence of legal and physical defects between H, etc. and the date of payment of the balance, and the contract is cancelled, and the contract is paid KRW 20,000,000,000, along with the return of the down payment and the intermediate payment, and the payment date is

4.14. The following:

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