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(영문) 서울중앙지방법원 2013.05.22 2012가합525777
부당이득금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On July 30, 2004, the Plaintiff concluded a sales contract with the Defendants, the married couple, to purchase the land indicated in paragraph (1) of the attached Table Nos. 1 (hereinafter “instant site”), the buildings listed in Paragraph (2) of the attached Table Nos. 2 (hereinafter “instant building”), and the forest land listed in Paragraph (3) of the attached Table Nos. 3 adjacent thereto (hereinafter “instant forest land”); together with the instant land and building, to purchase the forest land to one billion won.

(hereinafter “instant sales contract”). B.

At the time of the instant sales contract, the Plaintiff and the Defendants were responsible for Defendant C, and developed the instant site and forest, and such development was made with the content of developing the instant site by extending the underground floor of the instant building to a wider extent than the floor area of the first floor, and installing a legal surface in the part abutting on the instant site among the forest land.

The Plaintiff shall bear development costs, and (2) Of the instant buildings, the defects of the first and second floors are liable and repaired by Defendant C (hereinafter “instant special agreement”); with respect to the payment of the purchase price of KRW 120 million,00,000,000 as the down payment on the date of the contract, the intermediate payment, and KRW 150,000,000 as the remainder on August 30, 2004, and KRW 180,000,000,000 as the remainder on October 20, 2004; the remainder shall be paid 550,000,000 won as the purchase price - KRW 12,50,000,000 as the down payment - KRW 15,50,000,000 as the intermediate payment - KRW 188,000,000,000 as the remainder on the instant building; and 3.1,5,000,000 won as the lease deposit and the Defendants.

any balance, including any other balance, in lieu of the payment thereof.

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