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(영문) 울산지방법원 2018.11.29 2018가합22363
부당이득금
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. Defendant B Co., Ltd. (hereinafter “Defendant Company”) was a company for the purpose of housing construction and sales business, real estate sales business, etc., and was engaged in the new construction and sale of a commercial building called “F” on the ground E of Ulsan-gu, Ulsan-gu, Seoul-gu, from 2015 to 2017, and Defendant C is the representative director of the said company.

B. On September 21, 2015, the Plaintiff concluded a sales contract with the Defendant Company to purchase the third floor No. 304 (hereinafter “instant real estate”) from the Defendant Company for KRW 364,984,00.

On September 21, 2015, 1,000 won of down payment 1,00,000 won of the first intermediate payment 69,000,000 won was paid respectively on October 1, 2015, and the remainder 294,984,00 won was paid on the date of designation of tenant occupants (the scheduled date of completion is December 2016 and it is changed by the process).

C. However, the Defendant Company concluded a trust contract with Korea Trust Co., Ltd. for sale management with respect to the above commercial building, and thereafter, the Korea Trust Co., Ltd. proceeds in sale of the above commercial building.

Accordingly, the Plaintiff also adjusted the detailed terms and conditions of the sales contract through Korea Trust Co., Ltd. on March 18, 2016, and purchased the instant real estate from the Defendant Co., Ltd. in KRW 363,80,00, and KRW 36,380,70,000 for the first intermediate payment, KRW 72,761,40 for the second intermediate payment, KRW 72,761,40 for the second intermediate payment, March 28, 2016, and KRW 72,761,40 for the third intermediate payment, KRW 36,380,700 for the third intermediate payment, October 28, 2016, and KRW 145,522,800 for the remainder payment from the Defendant Co., Ltd. on May 28, 2017 (hereinafter “instant sales contract”).

After completion of the above commercial building, the defendant company completed the registration of ownership preservation of the above commercial building on July 5, 2017.

However, the Plaintiff paid the remainder of the instant sales contract around August 2017.

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