부당이득금반환
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. On November 18, 2010, the Plaintiff, who was specialized in the investment in real estate to sell the jointly owned property purchased through an auction or a public sale, recommended investment to B through C in a relationship with the Defendant’s spouse B. On November 18, 2010, the Plaintiff agreed to contribute funds jointly with the Plaintiff to purchase the jointly owned property.
(hereinafter “instant agreement”). (b)
Pursuant to the agreement of this case, on December 2, 2010, the plaintiff, the plaintiff's employee D, and the defendant purchased 24/160 shares in Samsung City F, G, H, I, J, K, L, M, N,O, P, Q, for KRW 465,90,00,00, and the plaintiff and D bear KRW 372,720,00,000 out of the above purchase price, and the defendant bears the remainder of KRW 93,180,00,00 in the remainder of the purchase price.
C. On March 18, 2011, the Plaintiff, the Defendant, and D filed a claim for partition of co-owned property against R, S, and C, the co-owned share holder of each of the above lands, as Suwon District Court Decision 201Ga19214, which decided to divide the land of KRW 1,583 (hereinafter “instant land”) out of each of the lands listed in the above “B” into the land of KRW 1,583 (hereinafter “instant land”), and the said decision is the same year.
5. It was finalized on 17.
(2) (2) The sale price of land at the price of sale of the land shall be at least 80,000 won per square day without any discrimination against each owner's share.
except that the above sale price shall be the expected date of the outstanding payment of the balance, such as gold, and sale, etc. including adjacent land), the environmental change in the real estate market, or any other flexible response to the situation at the time of negotiations, may be adjusted by mutual agreement at least 80,000 won per average, but not less than 750,000 won.
The defendant shall actively participate in each process, such as sale and division, and shall closely consult with the plaintiff (referring to the plaintiff and D; hereinafter the same shall apply) on all process.
(Sharing of Expenses) Various legal public charges, etc.