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(영문) 대전지방법원 2015.06.10 2014가합2383
부당이득금반환
Text

1. Defendant C shall pay the following amount to the Plaintiff:

(a) 413,530,000 won;

B. The above A.

166,765.

Reasons

Basic Facts

Around November 28, 2012, Plaintiff, D, D, E, and Defendant C newly built multi-household housing at KRW 1,62,120,00 on the land (hereinafter “each land of this case”) of the Plaintiff, D, E, and E, and the Plaintiff, D, E, and F (E is the actual owner) of which the ownership transfer registration has been completed solely or jointly in the name of the Plaintiff, D, D, and F (E is the actual owner), H, I (merger into H), J, K, L (current M, K, L is merged into H, L), M, M, N,O, P (currentO, P is donated to H, P, Q, R, and P (current, P is donated to H), Q, R, and M, and multi-household housing at KRW 1,62,120,00 on the ground, but the owner of the building shall be the Plaintiff, D, F, and constructor, Plaintiff C and multi-household housing at KRW 400,300,000.

Afterward, it is clear that E wishes to withdraw from the above partnership agreement, and the plaintiff, D, and defendant C transfer the F’s share in each of the land of this case to the defendant C between E on January 21, 2013, and the agreement between the plaintiff, D, and the defendant C on January 21, 2013 (hereinafter referred to as the “trade agreement as of January 21, 2013”) that E pays 230 million won to the plaintiff, D, and the defendant C as the price.

AB concluded the agreement.

On January 22, 2013, E completed the registration of ownership transfer with respect to each part of the instant land registered in F in accordance with the above agreement to Defendant C.

The Plaintiff, D, and Defendant C entered into a joint agreement with respect to the 24 households of multi-household housing on each of the instant lands as follows.

Joint Project Investment Details - The plaintiff, D: 631,490,000 won / the defendant: 410,000 won / the implementer: 1,074,010,000 won: the aggregate: 2,335,000 won for land accounts of KRW 219,50,000 for land accounts of KRW 210,000 for sale and loan, and 1,074,010,00 won for construction payments and 1,074,00 won for sale and loan.

1. The plaintiff and D transfer to the defendant C all rights arising from the Corporation.

2. The total amount of the project contributions shall be KRW 631,490,000 for the Plaintiff, D, and Defendant C shall be determined as KRW 1,484,010,00 for the Defendant C, and the share ratio shall be determined by the Plaintiff, D, 29.85% for the Plaintiff, and Defendant C, 70.

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