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(영문) 서울서부지방법원 2018.08.24 2018가단212118
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation established around June 12, 2001 for the purpose of real estate development-related business, which takes profits by purchasing land and undergoing a change in the form and quality after going through a procedure.

B. The deceased C (Death around September 2009) owned 1/3 shares of 11,009 square meters of F forest land in Sungnam-si, Sungnam-si (hereinafter “instant land”) together with the network D (Death around September 2008) and E, and thereafter, C owned 4/9 shares and 5/9 shares of 5/9 shares.

C. Around March 3, 2001, a sales contract was drafted with the purport that the Plaintiff would purchase the instant land owned by C and D with the purchase price of KRW 1,560,000,000, in total, KRW 5052,000,000,000,000,000,000,000,000,000.

1) On June 13, 2005, the Defendant purchased the instant land between the Plaintiff and the Plaintiff on June 13, 2005, part of 300 square meters of specific land among the instant land (hereinafter “the instant land transaction portion”).

A) The sales contract to purchase the purchase price of KRW 900 million (hereinafter “instant sales contract”).

In concluding the contract, the seller pays two times the amount paid as penalty in the event of breach of the contract (hereinafter “instant penalty agreement”) by the seller as “D, C, J (the person who worked as the representative director at the time of establishment of the Plaintiff Company), K (the actual manager and representative director of the Plaintiff Company),” and the buyer as “Defendant.”

) By September 30, 2006, the Defendant drafted a sales contract with the content that the above 300 square meters should be transferred by changing the form and quality of the site. 2) The Defendant paid to the Plaintiff KRW 200 million on June 13, 2005, which is the date of the conclusion of the instant sales contract, and paid KRW 349.5 million on July 8, 2005.

E. In the event of the cancellation of the instant sales contract, the Defendant purchased the Plaintiff to secure the purchase price claim, refund claim, and penalty claim against the Plaintiff, but completed only the registration of provisional disposition for prohibition of disposal.

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