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(영문) 서울동부지방법원 2016.09.20 2015가단10579

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who actually operated the E-building Housing Association (hereinafter “E Association”) as the head of the E-building Association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in order to newly build an apartment building with the second and second underground floors, the 12th above ground level (hereinafter “D apartment”) and auxiliary welfare facilities with the land outside Gwangjin-gu Seoul Special Metropolitan City as the project implementation district.

B. The defendant lent KRW 300 million to the E Association on April 13, 2005 to secure it: (1) in order to purchase 300 million won, the defendant purchased 301 apartment units in Gwangjin-gu Seoul Special Metropolitan City D apartment units (hereinafter “instant apartment units”) from the E Association; and (303 (hereinafter “each apartment unit of this case” in combination with the instant 301); (150 million won as the sale price of each apartment unit of this case shall be paid to the E Association at one time; (2) if the E Association pays the above loans and the interest calculated at the rate of 5% per month from the lease date to the full payment date, the sales contract of each apartment unit of this case shall become void, but (3) if the above money cannot be paid by July 31, 2005, the agreement on the transfer of ownership was concluded with respect to each apartment unit of this case to F and the defendant as the transfer of ownership (hereinafter “transfer agreement”).

C. The defendant paid KRW 250 million among the above loans to E Association (payment of KRW 235.5 million as checks, payment in lieu of KRW 14.5 million as commission), and the remaining KRW 50 million as of April 19, 2005 and E Association: ① The defendant, G, and third debtor designated the plaintiff as the creditor, the debtor, and the third debtor on November 10, 2004, the Dong Branch District Court No. 2004TT 5204 (hereinafter "the seizure collection order"), and ② the creditor, the debtor, H, and the third debtor E Association as of December 16, 2004, pursuant to the collection order (hereinafter "the seizure order") and the seizure and collection order (hereinafter "the seizure order"). < Amended by Act No. 7213, Dec. 2004>