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(영문) 서울중앙지방법원 2015.12.09 2014나59452

투자금반환

Text

1. The plaintiff's primary and conjunctive claims changed from the trial are all dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Basic facts

A. In around 2008, Defendant B secured the right to a site after purchasing several apartment buildings without a right to a site registration, and promoted a project to obtain profits by resale.

B. The Plaintiff was solicited by Defendant B to make an investment in the said real estate resale business, and transferred KRW 60,000,000 to the deposit account in the name of Defendant C, the wife of Defendant B on May 27, 2008.

C. Defendant B purchased 601,00,000 Won from the J on April 18, 2008 and completed the registration of ownership transfer in the name of L on April 22, 2008. ② purchased 402,00,000 Won from J on April 20, 208 and completed the registration of ownership transfer in the name of M on April 22, 2008. ③ from E on August 18, 2008, D collective housing 601 (hereinafter “instant apartment”) was purchased from E on August 18, 2008 to the Plaintiff’s name on August 20, 2008, and completed the registration of ownership transfer in the name of the Plaintiff’s name on August 20, 2008, the Plaintiff changed the registration of ownership transfer to the maximum debt amount of the instant apartment housing 60,000,000 won to the Plaintiff’s name on August 20, 2008.

After that, the Plaintiff filed a lawsuit against the Plaintiff, etc. for the return of unjust enrichment under the Seoul Western District Court 2009Kadan2739, which is the co-owner of the instant apartment site in Seodaemun-gu Seoul, Seoul (hereinafter “N”), and the Plaintiff filed a lawsuit for the return of unjust enrichment from July 7, 2011 from the appellate court (Seoul Western District Court 2010Na8680) to “N 4,384,210 won, and the amount calculated at the rate of 5% per annum from January 5, 2010 to July 7, 2011, and the amount calculated at the rate of 20% per annum from the next day to the day of complete payment, from January 5, 2010 to the day of the Defendant’s possession of the said land or the day of losing the Plaintiff’s ownership.