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(영문) 서울중앙지방법원 2018.04.13 2017가합522537

부당이득금

Text

1. The Defendant’s KRW 30,000,000 as well as 5% per annum from April 29, 2017 to April 13, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. From January 11, 1999, the Plaintiff owned land and buildings C (hereinafter “instant real estate 1”) from Namyang-si, Namyang-si, and transferred the instant real estate 100 million won to D on December 2, 2003, and used the amount of KRW 30 million among them to repay the loans of a national bank.

B. Regarding the Gangnam-gu Seoul E No. 205 (hereinafter “No. 2 real estate of this case”), the same year due to trade on March 6, 2003

6. 16. The registration of transfer of ownership was made in the name of the plaintiff on May 31, 2004 and was made on May 31, 2004.

6. 11. The provisional registration was cancelled on the ground that the provisional registration of the right to claim ownership transfer was made in the name of the Defendant, and the said provisional registration was cancelled.

Afterward, the Plaintiff and F made a promise to sell and purchase the price of November 15, 2006 KRW 260 million between the Plaintiff and F, with respect to the real estate No. 2 of this case, the provisional registration for the right to claim ownership transfer was made in the name of F on the 20th of the same month, and the ownership transfer registration for each half of the real estate was made in the name of F and G on January 15, 2008.

C. On October 2, 2006, the registration of ownership transfer was made under the Plaintiff’s name on October 18, 2007 with respect to the land and buildings in Gangnam-gu Seoul, Seoul (hereinafter “third real estate in this case”), and on September 5, 2015, the registration of ownership transfer was made under the name of I and J on February 22, 2016, respectively.

On October 2, 2006, trading amount is KRW 650 million. On September 5, 2015, trading amount was concluded on September 5, 2015 with KRW 1 billion, respectively. The Plaintiff received the said KRW 1 billion from I and J and transferred or delivered the entire amount to the Defendant.

[Ground of recognition] Facts without dispute, Gap's 1 to 5, and Gap's 7 evidence (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. On September 4, 2007, the Plaintiff rendered a lease on a deposit basis with K on the third real estate of this case.