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(영문) 수원지방법원 2016.08.11 2015가단45372

부당이득금반환

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 September 19, 201, the Plaintiff paid KRW 2,000,000, when requesting an auction consulting to D Co., Ltd. working for the Defendant and C.

B. On November 3, 2011, the Plaintiff: (a) demanded a shop located in a shopping district located in a water source to be awarded a successful tender; and (b) deposited KRW 20 million with C’s account; and (c) was unable to receive a successful tender; and (d) C deposited KRW 12 million with the Plaintiff’s account and returned to C.

C. On November 10, 201, the Defendant, upon the Plaintiff’s request, bid price of KRW 97 million in the auction procedure regarding the No. 401 of the building building on the land, E, and one parcel (hereinafter “instant real estate”), which was implemented on November 10, 201, was awarded in the name of F, the husband of the Plaintiff. The Defendant paid the bid deposit of KRW 7.34 million out of the total amount not returned 8 million, and C deposited the remainder of KRW 6.6 million on the same day (=2 million - 7.34 million - 7.4 million) into the Plaintiff’s account.

As the successful bid price of the instant real estate and all other expenses, the Plaintiff transferred the instant real estate to the account in the name of the Defendant, KRW 65 million from the office of the Defendant, KRW 10,000,00 on November 22, 2011, KRW 10,000,000 on December 15, 201, KRW 15,660,000 on December 1, 201, and KRW 40,666,00 on November 25, 201. On December 27, 2011, the Plaintiff paid the instant real estate as a successful bid price, and completed the registration of ownership transfer in the name of F after obtaining a loan of KRW 65,00,00 from the office of housing and agricultural cooperatives (hereinafter referred to as “house and agricultural cooperatives”) as a security, and paying it as a successful bid price.

E. C asserts that, in the process of the auction of the instant real estate, the Plaintiff was insufficient to award the successful bid price, and that it lent KRW 12 million to B’s account designated by the Plaintiff on December 16, 2011, C filed a loan lawsuit against the Plaintiff and F, which was rendered a favorable judgment on June 5, 2015 against Suwon District Court 2014Gada31141. Accordingly, the Plaintiff and F appealed appealed as the Suwon District Court 2015Na21124, and the said court revoked the part regarding F among the judgment of the first instance court on October 8, 2015, and filed a claim against C with F.