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(영문) 인천지방법원 2016.11.11 2015나60689

부당이득금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. Upon introduction by the Defendant, the Plaintiff sold each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) to D on August 31, 2009, in the purchase price of KRW 750,000,000. On the same day, the Plaintiff received KRW 75,00,000 from D, and the applicant for the seal of approval among the contract on the above sales contract (hereinafter “instant sales contract”), the Defendant’s name is indicated in the column for the seal of approval.

B. On August 31, 2009, the Plaintiff paid KRW 5,000,00 to the Defendant. On the same day, the Defendant prepared a receipt for KRW 5,000,000 (hereinafter “the receipt of August 31, 2009”) to the Plaintiff on the same day, and the “real estate indication” in the above receipt states “part of each of the instant land fees,” and under which “I issue this receipt as a certificate to the Plaintiff.”

(c) the co-defendant C of the first instance trial is only called "C";

Upon introduction by the Defendant, on September 17, 2009, entered into a sales contract with D to purchase each of the instant lands from D to KRW 950,00,00,000, with the Plaintiff’s consent, and upon which C had the status of purchaser under the instant sales contract transferred from D. The details of money paid by C in relation to the said sale were as follows: November 1, 201, 630,000 won for the total sum of the lump sum of the payment dates of the beneficiaries as described below (her husband’s husband’s KRW 630,000,000,000 won for KRW 90,000,000 for KRW 10,000 for KRW 10,000 for KRW 10,000 for KRW 18,40,000 for KRW 10,000 for KRW 10,000 for KRW 40,000 for KRW 14,2009.

D. The Defendant’s receipt of KRW 70,000,00 from C on January 15, 2010, as indicated in the above table, is called C’s receipt for KRW 70,000,000 from C on the said KRW 70,000.

(2) No. 31 of the title of this title.