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(영문) 광주지방법원목포지원 2020.10.28 2020가단51656
부당이득금
Text

The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

The 1st sales contract of this case, including the conclusion of a net sales contract

(a) In the form of a greenhouse displayed room: A fixed-type greenhouse, location: 14,60 square meters in size, 12,902 square meters in the greenhouse area, and major structures: 14,600 square meters in size, 12,902 square meters in the greenhouse area, main structures: a long-term film and steel framed structure, external film free of films for a long-term type, high-type exhaustr volume cultivation facilities, complex environmental control facilities, screen, hot water heating facilities in the aluminium 2, Aluminium;

(b) Sale price of the terms of contract: 300 million won, and no down payment: 200 million won shall be paid by July 1, 2016, and the remaining KRW 100 million shall be paid after business management for one year until June 30, 2017.

The site for facilities shall be leased for five years from the date of completion of the contract, and shall be purchased at the market price.

On June 20, 2016, the Defendant concluded a sales contract between the Plaintiff and the Plaintiff on June 20, 2016, under which the Defendant purchased a fixed type automatic temperature room (hereinafter “instant greenhouse”) established on the land of Hamyeong-gun, Chungcheongnam-gun, and 4 parcels from the Plaintiff for KRW 300 million (Evidence A No. 2; hereinafter “instant First Sales Contract”).

The Defendant paid to the Plaintiff totaling KRW 240 million from July 13, 2016 to August 8, 2016, as part of the purchase price under the instant sales contract.

On October 28, 2016, the Plaintiff completed the registration of ownership transfer on the ground of sale and purchase from Hau-gun on the ground that, at the time of the first sale and purchase contract of this case, the Plaintiff owned Hau-gun a total of five parcels of land in the former Hayeong-gun or F (hereinafter “the greenhouse site in this case”).

After acquiring the site for the greenhouse of this case, the Plaintiff completed the registration of the establishment of a mortgage between the G Association and the maximum debt amount of KRW 600 million and the H Association.

The Plaintiff and the Defendant, around June 2017, agreed on the first sale contract of this case.

On May 2017, the Plaintiff, such as the preparation of a new sales contract, is not only the greenhouse of this case, but also the site and the land of two lots (total seven lots) with the Defendant’s husband I.

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