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(영문) 서울고등법원 2016.04.28 2015나30284

부당이득금반환

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On May 31, 2011, the Plaintiff (agent: D) entered into a sales contract and divided land. On May 31, 201, the Plaintiff (agent: A) and the Defendant Kim Jong-si R (hereinafter “R”) owned by the Plaintiff.

(C) The sales contract was concluded with the content that purchases KRW 1.29 million for KRW 4.8 million in forest land C (hereinafter “instant sales contract”).

(2) On November 22, 201, the land subject to the said sale was divided into seven parcels, including 1,501 square meters in F forest land, G forest land, 1,501 square meters in G forest, 1,501 square meters in H forest, 1,501 square meters in J forest, 1,491 square meters in J forest, 1,319 square meters in J forest, 947 square meters in K forest, and 41 square meters in L forest, etc.

(hereinafter referred to as “instant land,” whether before or after the subdivision. (b)

(1) The Plaintiff paid 120 million won as the down payment on the date of the contract to the Defendant, and paid 38 million won as the purchase price in the name of equipment on August 30, 201. (2) After which the instant land was offered as security by a financial institution as follows.

(B) On December 28, 201, the Defendant was granted a loan of KRW 494,00,000 on December 26, 2011 to the Defendant (i.e., KRW 380,000,000 on the date of loan from the debtor on the date of the registration date of the right to collateral security, and (ii) KRW 36,70,00,000 on December 27, 201, KRW 370,000, KRW 650,00 on December 28, 2011, KRW 3637,70,000 on December 28, 201; and (iii) KRW 70,79,730,000 on December 28, 201; and (iv) KRW 306,79,730,7037,70,00,000 on December 29, 2011.