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(영문) 서울중앙지방법원 2014.10.08 2013가단3208

투자금반환

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B purchased 4 bonds of an apartment where the right to a site is not established, acquired the right to a site, and recommended the Plaintiff to make an investment in the business that left the profit by disposing of them, and accordingly, the Plaintiff transferred KRW 60 million to the deposit account in the name of Defendant C, the wife of Defendant B, around May 2008.

B. Defendant B purchased, from E, several apartment buildings, including 601 (hereinafter “instant apartment buildings”) among the buildings located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, with money received from investors, including the Plaintiff. On August 20, 2008, Defendant B completed the registration of the transfer of ownership in the name of the Plaintiff on August 20, 2008, and completed the registration of the establishment of a mortgage (hereinafter “mortgage-backed mortgage”) around the debtor C, Defendant C, and the maximum debt amount of KRW 260 million with respect to the instant apartment.

C. The Plaintiff paid acquisition tax, property tax, etc. on the instant apartment.

In addition, the Plaintiff received a final and conclusive judgment against which the suit for the claim for return of unjust enrichment due to the illegal occupation from the right holder of the land of the apartment site of this case was rejected (Seoul Western District Court 2009Da2739, Seoul Western District Court 2010Na8680), and agreed on March 16, 2012 to pay KRW 10 million between the right holder of the land and the right holder of the land of this case.

Meanwhile, following the Defendants’ delinquency in paying interest to Korea Mutual Savings Bank, the Defendants sold KRW 1500,000 to G around November 201, 2013, as Seoul Western District Court F, for auction proceedings on apartment buildings in this case, at KRW 150,000,000. The Defendants distributed dividends of KRW 107,671,021 on December 6, 2013 to Korea Mutual Savings Bank.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 14 (including provisional number), Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's primary claim is the apartment house of the defendant B.