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(영문) 서울중앙지방법원 2015.06.19 2014가합34633
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. The Plaintiff is a school juristic person established for the purpose of higher education and early childhood education, and operates C University under its jurisdiction, and the Defendant is a company mainly engaged in real estate development business, etc.

B. On December 7, 2011, the Plaintiff and the Defendant entered into a sales contract with the Defendant to sell KRW 18,465 square meters of the D Parking lot, ② 163 square meters of E forest, ③ 6,319 square meters of F forest, ④ 5,162 square meters of G forest, ⑤ 312 square meters of H forest, ⑤ 312 square meters of H forest, ⑤ 60 square meters of J forest, 7 square meters of J field, 82 square meters of K field, 9, 9 square meters of L field (hereinafter “each of the instant real estate”), 9,70 million square meters of land, and 33 square meters of land (hereinafter “each of the instant real estate”), on the ground that each of the instant real estate is a real estate subject to approval by the Ministry of Education as a profit-making property, and thus, cancelled the said sales contract under

C. On October 16, 2012, the Plaintiff entered into a sales contract with the Defendant to sell real estate (hereinafter “instant one sales contract”) with the Defendant (hereinafter “instant one sales contract”) and then received from the Defendant a sum of KRW 930,70,000,000 from the Defendant for the same day as the down payment, KRW 8.359,00,000,000 won as the remainder on November 23, 2012, and completed the registration of ownership transfer under the name of the Defendant on November 23, 2012.

On December 5, 2012, the Plaintiff entered into a sales contract with the Defendant to sell real estate worth KRW 2.947 million (hereinafter “instant two sales contract”). On January 2, 2013, the Plaintiff completed the registration of ownership transfer under the Defendant’s name with respect to each of the above real estate on the following grounds: (a) the Plaintiff entered into a sales contract with the Defendant to sell real estate worth KRW 2.947 million (hereinafter “instant two sales contract”).

E. On April 22, 2013, the Plaintiff demanded the Defendant to cancel the instant 1 and 2 sales contract, and thereafter, the Plaintiff and the Defendant rescinded the said sales contract under an agreement, and on June 3, 2013, the Defendant’s registration of ownership transfer regarding each of the instant real estate was cancelled.

F. Meanwhile, the Secretary General of the C University is the former Secretary General.

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