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(영문) 울산지방법원 2018.04.25 2016가단66508

보관금반환 청구

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. Facts of recognition;

A. On July 30, 2012, the Plaintiff recommended Defendant B to purchase shares of KRW 470/990 and shares of KRW 106/2,558 (hereinafter referred to as “instant land”) out of KRW 106/2,558 square meters out of KRW 470/990 and F forest E 2,558 square meters in the name of the representative director of the Defendant Company at the time of the Plaintiff’s transfer of KRW 15,695,000,00 as the purchase price of the instant land, as the purchase price of the instant land, from July 30, 2012.

B. On July 17, 2012, Defendant Company completed the registration of transfer of ownership on the instant land by reason of sale as of July 16, 2012 to the Plaintiff.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 3 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleading

2. Judgment on the plaintiff's assertion against the defendants

A. The Plaintiff filed a claim against the Defendant Company. The amount of KRW 45,695,00, which was remitted to the Defendant Company, was deposited in an amount equivalent to the purchase price for the preference of the instant land. On July 14, 2012, the Plaintiff directly visited the instant land and confirmed that the instant land was far from the location explained by the Defendants, and that there was no possibility of development, and on July 15, 2012, the Plaintiff expressed his intention to refuse to purchase. However, on July 16, 2012, the Defendant Company arbitrarily prepared a sales contract on the instant land against the Plaintiff’s will and completed the registration of ownership transfer on the instant land. Accordingly, the Defendant Company was obligated to return KRW 45,695,000 on the ground of unjust enrichment to the Plaintiff, and thus, the Defendant Company was obligated to return the said deposit money to the Plaintiff. If the ownership transfer registration was completed, the registrant of the instant land was registered.