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(영문) 광주지방법원순천지원 2020.01.30 2018가합11924
부당이득금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 367,874,419 to the Plaintiff (Counterclaim Defendant) and its amount from September 5, 2018 to January 30, 2020.

Reasons

1. Facts of recognition;

A. On October 5, 2007, the Plaintiff and the Defendant concluded a sales contract to purchase the land and ground buildings C (hereinafter “C real estate”) owned by the Defendant for KRW 2.4 billion, and completed the registration of ownership transfer under the name of D, the representative director of the Plaintiff.

B. At the time of the above sales contract, the Plaintiff and the Defendant paid the down payment of KRW 162 million on the date of the contract, and paid the remainder within five years from the date of registration of transfer of ownership, and the Plaintiff paid the remainder to the Defendant as rent by the date of payment of the remainder.

C. On December 26, 2011, the Plaintiff and the Defendant entered into a payment contract for accord and satisfaction (hereinafter “instant payment contract”) with E, E, 477.2 square meters (hereinafter “E real estate”) and Seoul Songpa-gu Seoul, Seoul, and the third-story H (hereinafter “instant apartment”) on one parcel, instead of paying the remainder for C’s real estate (hereinafter “instant payment contract”).

On September 10, 2012, upon the Defendant’s request, the registration of the cancellation of the registration of the establishment of the creation of the creation of the neighboring mortgage by the Defendant, the obligor, the Plaintiff, and the mortgagee, was completed on the ground of the termination on June 26, 2013. On July 2, 2013, the registration of the establishment of the creation of the said neighboring mortgage was completed on the ground that the registration was completed on the grounds of the termination on June 26, 2013.

E. On July 3, 2013, the Plaintiff and the Defendant cooperated with the Defendant in the transfer of ownership on E real estate and the instant apartment, and the Plaintiff, prior to the transfer of ownership, delegated all rights, such as the right to receive the purchase price, to the Defendant when selling E real estate or the instant apartment to a third party, and, if doing so, paid KRW 50 million for penalty.

hereinafter referred to as "Agreement on July 3, 2013".

F. On November 4, 2014, the Plaintiff did not notify the Defendant, and did not notify I of the instant apartment in KRW 540 million.

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