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(영문) 부산지방법원 동부지원 2018.05.15 2017가단4258

부당이득금반환 등

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

A. The relationship between the parties 1) Defendant B is the actual operator of the Institute as the president of the Institute in Busan Shipping Daegu, and Defendant C is the business owner of the said Institute. The Defendants are the legal couple. 2) From February 2015 to February 2015, the Plaintiff attended the lecture on real estate auction conducted by Defendant B at the Institute.

B. Defendant B agreed to purchase on behalf of the Plaintiff, even though not an attorney-at-law, regarding 3307 square meters of forest land from the sale of real estate E in Seosan-gu, Seosan-gu, Daejeon District Court in the auction of real estate in Seosan-do, Seosan-gu, Daejeon District Court (Seoul District Court) and to receive 3,000,000 won from the Plaintiff in return (hereinafter “instant one agreement”).

(2) Defendant B received KRW 3,00,000 from the Plaintiff on February 27, 2015, on behalf of the Plaintiff by filing a purchase report under the name of the Plaintiff in the above auction procedure, etc., and received KRW 3,00,000 from the Plaintiff to the Defendant C’s account.

C. Defendant B agreed to purchase, on behalf of the Plaintiff, the goods sold in the Red G real estate auction case of the Daejeon District Court for Hongsung Branch of the Daejeon District Court, on behalf of the Plaintiff regarding H, I land and buildings on its ground, and receive KRW 30,000,000 from the Plaintiff in return (hereinafter “instant agreement”).

(2) Defendant B was transferred KRW 30,00,000 from the Plaintiff’s account in the name of Defendant C on May 12, 2015, on behalf of the Plaintiff by filing a purchase report in the name of the Plaintiff in the above auction procedure.

3. In addition, Defendant B demanded that the Plaintiff transfer KRW 8,00,000 to the Defendant C’s account on May 12, 2015.

After that, Defendant B paid the lessee KRW 5,000,000 out of KRW 8,000,000 as the refund of the deposit.

Defendant B.