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Reasons
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(영문) 창원지방법원 진주지원 2018.08.29 2017가합11653
부당이득금
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1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant’s establishment and the conclusion of the performance agreement between the Defendant and D, and E was established on March 10, 2015 by the representative director. The Defendant’s 50% of the Defendant’s shares was acquired by G, and the remainder of 50% was acquired by H, a F’s father. 2) On the premise that the Defendant was awarded a successful bid for the instant building (hereinafter “instant building”) on the premise that the Defendant was awarded a successful bid for Scheon-si I, J, K, K, L (hereinafter “instant land”) and on March 16, 2015, a performance agreement under a trade agreement between the seller, D, and E with the buyer (hereinafter “instant performance agreement”). The main contents were as follows.

Defendant “A”, D, and E shall be referred to as “B”.

[Article 2] The sales amount shall be KRW 750,000,000 (Won 750,000).

[Payment Method of Purchase Price]

1. “B” shall deposit “A” with “A” a corporate account in the amount of KRW 550,000,000 (Won 550,000,000) at the time of the transfer of ownership of this article.

2. “B” shall pay a separate amount of 200,000,000 won (Won 200,000) to the account of the person designated by “A”.

[Method of transferring Ownership after Payment] “A” shall transfer the corporation “A” to “B” at the same time with the receipt of the price according to the payment method of the purchase price.

[Article 7 "A" and "B" transfer "A" and "B" to a person designated by "B" or "B" or to the principal within 10 months from the date on which the transfer of ownership is completed by "B", a corporation of "B", a corporation of "B" and "B", respectively.

[Obligation of Article 8 “B”]

1. “B” shall have the right to use and benefit from the land buildings located in Scheon-si I, J, K, and L from the date on which the above performance agreement was made, and shall be liable for any liability for the remodelling work of the building and shall be liable for the damage in the event of the occurrence of the damage.

Provided, That until the transfer of ownership, the ownership shall be exercised by "A".

4. “B” means:

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