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(영문) 청주지방법원 2014.11.14 2013가단153723
부당이득금
Text

1. The defendant shall pay 47,00,000 won to each of the plaintiffs and 20% per annum from April 11, 2013 to the day of complete payment.

Reasons

1. Basic facts

A. Nativea Co., Ltd. (hereinafter “E”) tried to purchase E land in order to create a golf course in the Jincheon-gun, Jincheon-gun, Chungcheongnam-do.

It delegated F (Representative G) the purchase of the above land to F (Representative G).

B. Plaintiffs, Defendant, H, and I are promotional members of the J Development Committee.

The chairperson of the Development Committee is the defendant.

C. On November 6, 2003, the Plaintiffs, the Defendant, H, and I entered into a service contract with F on the purchase of land within the land subject to the said project, and performed land purchase services. D.

Plaintiffs, Defendant, H, and I received KRW 870,00,00 from “land trading marginal profit or service cost” related to the above service contract.

The right holder of the said money is five promoters, namely, the plaintiffs, the defendants, H, I, and the above 870 million won distribution and management affairs were in charge of the defendant.

E. The plaintiffs, the defendant, H, and I were divided into KRW 80,000 per person ( = 400 million ± 50,000) out of the above KRW 870,000,000 ( = 400,000 ±5).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. The summary of the plaintiffs' assertion 1) The remainder after deducting the amount of KRW 470 million divided by the above KRW 870 million is KRW 470,000,000. 2) The plaintiffs, H, and I purchased each of the lands listed in the separate sheet owned by the defendant from the defendant to KRW 65,00,000 (per 50,000,000,000).

Nevertheless, the Defendant asserted that the purchase price of the above land was KRW 300 million and acquired KRW 300 million out of the above KRW 470 million.

However, the remaining KRW 235 million, which is the remainder after the Defendant deducted the actual purchase price of KRW 65 million from KRW 300 million acquired as the purchase price of the above land, should not be acquired by the Defendant, but be fairly distributed by the Plaintiffs, the Defendants, H, and I.

3) If the above KRW 235 million is distributed to the plaintiffs, the defendants, H, and I, the amount of KRW 47 million per person ( = 235 million per person) shall be KRW 47 million ( = 235 million ± 5 million). Accordingly, the defendant shall each be liable to the plaintiffs for the amount of KRW 47 million.

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