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(영문) 수원지방법원 2011.01.12 2010나18000

부당이득금반환

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff agreed with B and C to lend money to B and C, but if B and C fail to repay the money by the due date, the Plaintiff agreed to pay each real estate listed in attached Tables 1 and 2 and 3, 4, and 5 of attached Tables B and B owned (hereinafter “each real estate of this case”) to the Plaintiff.

B. On September 17, 2007, the Plaintiff filed for the provisional registration of transfer of ownership on each of the real estate listed in the separate sheet 1 and paragraph (2) of this Article, with the Suwon District Court, Suwon District Court, Port Office, and Port Office on September 17, 2007, with the registration of provisional registration of transfer of ownership on each of the real estate listed in the separate sheet 3, 4, and 5 as of September 14, 2007, with the registration of provisional registration of transfer of ownership on each of the real estate listed in the separate sheet 3, 4, and 20803 as of September 17, 2007, and with the registration of provisional registration of transfer of ownership on each of the real estate listed in the separate sheet 1 and paragraph (2) of this case as of September 14, 2007 (hereinafter referred to as the "provisional registration of this case"), and the registration of transfer of ownership on each of the real estate under the separate sheet 1, 25888.15

As above, the Plaintiff filed an acquisition tax return with the Defendant while completing the principal registration of this case, and thereafter, paid the acquisition tax of KRW 14,709,450, registration tax of KRW 14,079,450, and KRW 2,815,880, total of KRW 31,604,780 (= KRW 14,709,450, KRW 14,709, KRW 450, KRW 2,815,880).

C. B and C filed a lawsuit with the Suwon District Court 2008Gadan234 on Jan. 2, 2008 to the effect that the registration procedure for cancellation of the principal registration of this case on each real estate listed in the separate sheet shall be followed. The above court filed a lawsuit with the Plaintiff on May 13, 2008 on the provisional registration of this case on May 13, 2008.