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(영문) 대전지방법원 2017.07.20 2016나112165

부당이득금반환 청구의 소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

The pertinent Plaintiff operated a restaurant at the Yanan City of Yanananan, and the Defendant, while running the construction business, frequently downloaded to the restaurant operated by the Plaintiff, and the Plaintiff and the Defendant maintained a tobacco relationship from around 2010 to friendlyly and friendly around April 2014.

H is the Plaintiff’s friendly birth.

On February 11, 2011, the Defendant, including the relationship of rights and details of monetary transactions of the instant land, purchased from C the land D large 206.9 square meters (hereinafter “instant land”). The Defendant completed the registration of ownership transfer in the name of the Plaintiff on March 18, 201.

Meanwhile, on July 25, 201, H, a student of the Plaintiff, deposited KRW 100,000 in the Agricultural Cooperative Account (Account Number: I; hereinafter “CF Account”) in the name of the Plaintiff on July 25, 2011, upon the Defendant’s request for lending.

On November 28, 2011, the Defendant: (a) destroyed the building on the instant land (hereinafter “the instant building”) before its destruction; and (b) newly built the stairs room 16.685 square meters of the first floor of the first floor of the second floor of the second and fourth floors of the first apartment house, 121.805 square meters of the second and fourth floors of the second floors, and 21.035 square meters of the fifth floors of the new building (hereinafter “the instant building”); and (c) completed the registration of initial ownership in the Plaintiff’s name after its completion.

On March 25, 2011, the Defendant granted a loan of 120,000,000 won from the Seoan Seoan Credit Union (hereinafter referred to as the “astronomical Seoan Credit Union”) on a loan of 120,000 won to the Plaintiff and the building prior to the instant land and the destruction of the building, set up a collective security right, which serves as the Plaintiff, to the maximum debt amount of the instant land and the building prior to the destruction of the building.

(1) The Defendant: (a) took out a loan of KRW 260,000,000 from the Danan Newcom on November 28, 201, to the object of the said right to collateral security (hereinafter referred to as “the instant building”); and (b) took out a loan of KRW 260,000 from the Danan Newcom, the Defendant has destroyed the instant building prior to its destruction; and (c) incurred a loan of KRW 182,00,000 from the Danan Newcom.