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(영문) 수원지방법원평택지원 2017.06.28 2016가합9447

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

Since the relevant Plaintiff was employed as a public official of Pyeongtaek-si in 1974, the Plaintiff is a person who was employed as Pyeongtaek-si C from July 27, 2012 and voluntarily retired on June 10, 2013.

The defendant is an external village of the plaintiff. D's spouse, E is the plaintiff's wife, F is the plaintiff's wife, and G is the F's will.

On October 2012, Pyeongtaek-si transportation administration and parking facility team of the instant land purchase process established a "promotion plan for the development project of the public parking lot in the area of a public parking lot in which 60 cars can be parked on three lots of land in the urban planning park site, including 1,290 square meters before Pyeongtaek-si I, and 1,472 square meters before J, in order to resolve the high-quality parking shortage in Pyeongtaek-si Hdong Ha-dong, Pyeongtaek-si. The said promotion plan was finalized on October 19, 2012 after conducting a survey on demand for parking.

The Plaintiff, who was employed as Pyeongtaek-si C at the time, was aware of the above secrets of official duties and anticipated to increase the market price of the site for the public parking lot, and notified the F and E of October 2012.

On November 2012, F and E entered into a title trust agreement with the Plaintiff to purchase the instant land in the name of G, by jointly purchasing the said land 1,290 square meters, 1,472 square meters prior to J, and L forest 1,266 square meters adjacent thereto (hereinafter collectively referred to as “instant land”). The F entered into a title trust agreement with the business G to purchase the instant land in the name of G.

E did not decide to purchase the instant land under whose name it was, and asked the Plaintiff to not indicate himself as a purchaser in the sales contract on the instant land, and through the Plaintiff, the Plaintiff paid the F a down payment of KRW 5 million for the purchase of the instant land, and KRW 60 million for the total amount of KRW 5 million for real estate brokerage expenses.

G In accordance with the above title trust agreement, on November 9, 2012, G determines the purchase price of KRW 1.04 billion between M and M as of November 9, 2012 (payment of KRW 110 million on the date of a contract, the balance of KRW 930 million on the date of a contract, and payment of KRW 930 million on December 7, 2012).