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(영문) 대구지방법원포항지원 2019.02.19 2018가단103530

부당이득금

Text

1. The Defendant’s KRW 128,190,00 for the Plaintiff and KRW 5% per annum from June 29, 2018 to February 19, 2019.

Reasons

1. Around June 2006, the defendant entered a corporation C operated by the plaintiff between the defendant and the fourth degree of relationship.

C was paid by D Co., Ltd. the Nam-gu E and F Gagra H (hereinafter “instant loan”) under the pretext of payment in kind for the price of goods sold at ready-mixed.

The Defendant, from D Co., Ltd. on April 30, 2007, completed the registration of ownership transfer from D Co., Ltd. on the loan of this case owned by it on April 26, 2007, on the ground of sale as of April 26, 2007, and began to reside in the loan of this case from around that time.

On the other hand, the Defendant completed the registration of ownership transfer from I on August 25, 2008, on the ground of sale on August 22, 2008, with respect to the land of Ji-gu, Nam-gu (hereinafter “Ji-ri”) (hereinafter “Ji-ri”) with respect to the land of 4 square meters, L 68 square meters and M 600 square meters (hereinafter “M land”).

Since then, on October 7, 2008, the remaining 98/600 shares among the land M in this case were transferred to N on August 11, 2016, and the current M owner of the land in this case is N.

In addition, the Defendant completed the registration of ownership transfer from theO on December 19, 2008 with respect to 1/2 shares out of 3025 square meters in the north-gu PP at the port of port owned by it (hereinafter “P land of this case”). The Defendant completed the registration of ownership transfer on the ground of sale on December 16, 2008, with respect to the loan of this case, M land, and P land (hereinafter “each of the instant real estate”).

On May 10, 2010, the establishment registration of the instant P land was completed on May 10, 201, consisting of the debtor Qua Q2, the mortgagee, the maximum debt amount of claims 200,000,000.

The Plaintiff bears KRW 23,716,00,00 as the purchase fund for the instant land, and KRW 35,50,000 as the purchase fund for the instant land, and KRW 35,00,00 as the purchase fund for the instant land.

On the other hand, the plaintiff dismissed the defendant around 2016.

[Recognition] Facts without dispute, Gap evidence 1 to 4, 7, and Eul evidence 1 and 2.