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(영문) 인천지방법원 2020.06.10 2019가단275518

부당이득금

Text

1. The claim of this case is dismissed.

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

Reasons

1. Basic facts

A. On November 18, 2015, the Plaintiff: (a) sold KRW 922,976,340 to G Co., Ltd. (hereinafter “G”); (b) on November 18, 2015, the Plaintiff deposited KRW 85,00,000, KRW 57,000,000, KRW 577,000,000, and KRW 1435, and (c) on the grounds that the Plaintiff conspired with other species C, D, and E, and forged the minutes, articles of incorporation, etc. of the Defendant clan; and (d) changed the Defendant’s representative to C; and (e) on September 1, 2013, the Plaintiff deposited KRW 7,122,00 (hereinafter “instant real estate”), which is a forest owned by the Defendant, and deposited KRW 50,00,00, KRW 20,000, KRW 500, KRW 200, KRW 150,201,20.

3) The appellate court (In Mancheon District Court 2015No4475, Jan. 29, 2016) accepted the Plaintiff’s assertion of unfair sentencing on the grounds that the Plaintiff deposited KRW 50,00,000 for the Defendant, and reversed the lower judgment and sentenced the Plaintiff to six months of imprisonment, and the said judgment became final and conclusive around that time.

B. The Defendant’s restoration of ownership of the instant real estate in the name of G and the former buyer, etc., who completed the instant real estate under the Daegu District Court Branching 2013Gahap2097, G, etc.