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(영문) 서울서부지방법원 2017.07.21 2016가단254828
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. On September 30, 2006, the Plaintiff asserted that the Defendants purchased the land D’, above ground buildings, and E’s land from Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, from the Defendants for KRW 420 million.

However, the Defendants received the actual KRW 470 million from the Plaintiff, and thus, the amount of KRW 50 million shall be returned as it was received without any legal cause.

2. Determination on the cause of the claim

A. The following facts can be acknowledged in light of the overall purport of the arguments in Gap evidence No. 1-1, No. 2, No. 3, and No. 4

1) As the introduction of F on September 30, 2006, the Plaintiff entered into a sales contract with Cheongju-si, Chungcheongnam-gu, Cheongju-si, with KRW 280,00,000,000,000,000,000,000,000,000 for the above ground-based 2-story building between Defendant C and Defendant C, and the E-Ba 153,00,000,000,000 won for each purchase. (2) The Plaintiff decided to succeed to the obligations of bank loans of KRW 194,000,000 and the deposit for lease deposit amount of KRW 25,00,000,000 in lieu of the payment for the purchase. From September 30, 2006 to December 16, 2006, the Plaintiff paid KRW 250,000,000 as the purchase price for each of the above real property as the purchase price for each real property.

B. The Plaintiff and the Defendants asserted that: (a) the total sum of the sales price of each sales contract entered into between the Plaintiff and the Defendants is KRW 420 million; and (b) the following circumstances, which may be known in the entry in the evidence No. 4, namely, ① the total sum of the sales price stated in each of the above sales contract, was KRW 420 million; but (c) the total sum of the amounts actually paid by the Plaintiff to succeed to the said amount of KRW 251,00,000,000 (= KRW 251,000 + KRW 194,00,000 + KRW 25,000 + KRW 25,000); and (b) the Plaintiff asserted that the sales price was KRW 422,000,000,000 and KRW 5,000,000,000,000 for additional reasons or circumstances that were paid as the sales price.

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