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(영문) 수원지방법원 평택지원 2021.01.13 2019가합12512

부당이득금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On September 2016, the Plaintiff: (a) assumed the purchase price for Pyeongtaek-si C, 144.8 square meters and multi-family houses on the third floor thereof (hereinafter “instant real estate”); and (b) concluded a trust agreement with the Defendant under the name of the Defendant to purchase the real estate as the contractor and complete the registration of ownership transfer in the name of the Defendant (hereinafter “instant trust agreement”). (c) On October 20, 2016, the Defendant purchased the instant real estate from D with KRW 385 million (hereinafter “instant trust agreement”); and (d) completed the registration of transfer of ownership on December 27, 2016, based on the instant trust agreement under the name of the Defendant.

(c)

The Plaintiff bears KRW 180 million in total the down payment and the intermediate payment, and the remaining amount was provided by the Plaintiff as collateral the instant real estate from the Defendant E Co., Ltd. (hereinafter “E”) in the name of the Defendant. The Plaintiff, after the ownership of the instant real estate in the Defendant’s name was completed for the security of the said loan, had the Defendant F Co., Ltd. (hereinafter “F”), a collateral trust (hereinafter “instant collateral trust”) with the instant real estate as first profit-making profit-making in the Defendant’s name, and completed the registration of the trust in F on the same day.

(d)

In the dispute between the Plaintiff and the Defendant, the payment of interest on E was suspended, and F notified the purport that the instant real estate will be sold at the request of E on May 15, 2019.

E. On May 27, 2019, the Plaintiff and the Defendant renounced the funds of KRW 180 million for the purchase of the instant real estate, and renounced the real ownership, rights, and other rights to the instant real estate.

The Defendant agreed to pay the instant real estate interest and incidental expenses, and to pay 20% of the pure profit remaining after deducting the construction cost, interest, etc. from the Plaintiff at the time of selling the instant real estate (No. 3, hereinafter “instant agreement”).