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(영문) 창원지방법원진주지원 2017.08.25 2017가단83
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. On January 18, 2012, the Plaintiff entered into a sales contract with C on the sales price of KRW 3.144 billion with the Plaintiff’s annual forest D2,918 square meters (hereinafter “instant real estate”) owned by the Plaintiff.

B. C around February 15, 2013, with respect to a project for constructing multi-family housing on several lots, including the instant real estate, (hereinafter “instant project”), obtained approval from the competent authority for the housing construction project plan.

C. On June 25, 2015, C entered into a business license transfer agreement with E Co., Ltd. (hereinafter “E”) with respect to the instant business, which comprehensively transfers all business rights, including the right to authorization and permission for the instant business and the right to a sales contract for business sites.

On the other hand, the defendant was appointed as the inside director of E on July 27, 2015.

On August 28, 2015, the Plaintiff completed the registration of ownership transfer for the reason of the sale on the same date with respect to the instant real estate to E, and on September 30, 2015, E completed the registration of ownership transfer on September 24, 2015 with respect to Clucco Asset Trust Co., Ltd. for the reason of trust.

E. On January 19, 2016, the Plaintiff remitted to the Defendant KRW 35,00,000,000 (hereinafter “instant money”) totaling KRW 20,000,000 on January 21, 2016, and KRW 35,000,000 on February 2, 2016.

F. On July 21, 2016, the Plaintiff notified E and C that “The remaining purchase and sale price of the instant land shall be KRW 2.2 billion shall be paid until July 31, 2016, and if not paid, the sales contract for the said land shall be rescinded.”

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. On January 18, 2012, F, the Plaintiff’s assertion of the parties, established C from January 1, 2012 to run the instant business. The Plaintiff concluded a sales contract with C on January 18, 2012 with respect to the instant real estate amounting to KRW 3.149 billion.

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