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(영문) 수원지방법원성남지원 2012.01.17 2011가합2681
부당이득금
Text

1. The part of the plaintiff's primary claim and the part of the plaintiff's conjunctive claim are respectively.

Reasons

1. Facts of recognition;

A. On April 1, 2005, C entered into a contract with the Defendant to purchase the land D, E, F, and H land owned by the Defendant (the sales contract includes the above land indicated in I, J, K, L, and M, which is the parcel number before partitioning; hereinafter referred to as the “instant land”) with the total price of KRW 2.3 billion (hereinafter referred to as the “instant contract”). The sales contract states that the down payment was received on the date of the contract; the first intermediate payment of KRW 440 million was received; the second intermediate payment of KRW 1.42 billion was paid on April 15, 2005; and the second intermediate payment of KRW 1.42 billion on May 15, 2005; and the transfer of ownership as well as the remainder of KRW 2.6 billion on the instant land was paid on the date of termination of the contract; and the transfer of ownership as well as the transfer of ownership on the instant land.

B. According to the instant sales contract, C paid 100 million won as part of the intermediate payment on April 15, 2005 as the first intermediate payment on April 15, 2005, and 100 million won as part of the second intermediate payment on May 15, 2005, respectively, by setting up a right to collateral security of KRW 1.7 billion to the National Agricultural Cooperative Federation and receiving KRW 90 million in the name of the Defendant (a loan obtained in the name of the Defendant at C’s request), and paying KRW 850 million out of the intermediate payment (the remainder of the loan was used as part of the intermediate payment, and the intermediate payment was used as part of the intermediate payment). On June 17, 2005, the Defendant as the debtor on the instant land, set up a right to collateral security of KRW 1.17 billion to the National Agricultural Cooperative Federation, and paid KRW 50 million in the name of the Defendant (the remainder of the loan was used as part of the intermediate payment).

C. On September 21, 2004, the Plaintiff entered into a business agreement with respect to N land and the intermediate payment substitute 1 C is the buyer of the land located in the name of P and four persons with respect to the 1,684 square meters of the land located in Sungnam-si, Sungnam-si, where the ownership transfer registration has been completed under the Defendant’s name.

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