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(영문) 인천지방법원 2018.07.06 2017가합57898

부당이득금

Text

1. The Defendant’s KRW 89,00,000 as well as the Plaintiff’s annual rate of 5% from September 26, 2017 to July 6, 2018, and the following.

Reasons

1. Basic facts

A. On November 3, 2002, the Plaintiff entered into a sales contract of this case and set up the Defendant’s security right. On February 3, 2003, the Plaintiff was divided into KRW 2,556 square meters of land E and F forest owned by the Defendant from C and D into KRW 1,218 square meters of land E and 1,338 square meters of land in Incheon-gun, Incheon-gun, Incheon-do (see, e.g., evidence 6 and 7 of this case) (see, e., evidence 6 and 7 of this case). Under the sales contract of this case, the Plaintiff prepared a sales contract with the Defendant to purchase KRW 100,00,000 of land purchase amount (hereinafter, “the sales contract of this case”).

(1) At the time when the first sale contract of this case was prepared, I forest land was owned by the Defendant’s mother as before the division, and after the division, D paid KRW 100,00,000 to the Defendant on April 9, 203 for the first sale and purchase reasons (see Evidence 7 of this case). In addition to C, the first sale and purchase contract of this case contains the phrase “B” as well as “B” (see Evidence 1 of this case), and as seen below, the Defendant could establish a collateral for I forest land as his agent. In light of the above, the Defendant appears to have been actually involved in the process of concluding the first sale and purchase contract of this case, and the change of circumstances seems to have been understood in advance between the Plaintiff and the Defendant. At that time, the Defendant paid KRW 100,00,000 to the Defendant for the first sale and purchase contract of this case as his personal loan after the conclusion of the first sale and purchase contract of this case, and the Defendant was established as his maximum amount of debt regarding the first sale and purchase contract of this case.