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(영문) 울산지방법원 2013.10.17 2012가합6079

부당이득금반환

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. A. Around April 13, 2010, C, the father of the Defendant, without the intent or ability to repay, stated that “The fact will be paid KRW 82 million from April 13, 2010 to October 22, 201, later KRW 700 million on the part of the Plaintiff at the time of payment of the construction cost in the speech construction site where the room owned by the Plaintiff is constructed.” In order to do so, it would be changed to lend KRW 300 million since the completion of the construction. It would be desirable to repay the principal after one year, or to make the studio construction on other land owned by the Plaintiff.” It would be reasonable to conclude that the Plaintiff was not guilty on the ground that there was no capacity to use the said 300 million from April 13, 2010 to October 22, 2010, on the ground that there was no intention to use the said 300 million capital from the Plaintiff at the time of the above investment, and that there was no possibility to use the said 3101 billion.

B. On September 22, 2011, the Defendant concluded a sales contract with D to purchase each of the real estate listed in paragraphs (1) and (2) of the attached Table No. 1 (hereinafter “real estate No. 1 of this case”) at KRW 45 million (the contract deposit of KRW 40 million shall be paid on the date of the contract, the intermediate payment of KRW 160 million shall be paid on October 5, 201, and the remainder of KRW 250 million shall be paid on October 21, 201) with D, and the Defendant completed the registration of ownership transfer under the name of the Defendant for the real estate No. 1 of this case after the Defendant paid the full payment to D. < Amended by Presidential Decree No. 235864, Nov. 25, 2011>

C. The real estate listed in paragraph (3) of the attached Table No. 3, which was owned by E, is “the real estate No. 2 of this case” and this case.