부당이득반환
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination on the cause of the claim
A. The facts of recognition 1) The development of sexual friendship industry, Co., Ltd., on December 9, 2004, completed the registration of preservation of ownership of E apartment 122 bonds at Yangju-si on and around March 30, 2005, and completed the registration of preservation of ownership on and around March 30, 2005, a real estate management trust contract for the purpose of security trust
On the same day, the Plaintiff completed the registration of ownership transfer on the above apartment. 2) The Defendants entered into a sales contract with Dasung & Hydi S&C Co., Ltd. (hereinafter “S&C”), and occupied and used one of the above apartment units as indicated below.
The possessor's object (the possession period is limited to the period of possession, but the completion period is limited to the scope requested by the plaintiff, and the defendants do not actually refer to the completion period of the possession period of the apartment of this case) is 3,350,07,945 won (=3,500,000 won x 10% x 12/365 days x 112/365 days) of the amount claimed by the plaintiff as unjust enrichment 3,350,000 won and 105,000 won ( May 15, 2006) (=3,350,000 won x 9,920,547 won (30,000 won x 103/365 days) if the previous tax is calculated as 9,93,326 won.
(i) The reduced customs duties amounting to 30 million won x 10% x 3 years and 22 days x 3 years and 22 days ) Defendant 2 5,150,643 won (=500,000 won x 10% x 10% x 88/365 days ) 13,936,712 (43 million won x 10% x 38/365)) / Defendant 2 101 503 (2. 17.- 15, 2006 - May 15, 2009) / [38/365] 13,950,124 won / 13,936,712 won (43 million won x 10% x 38/365).
(Reduction) Defendant 3,104-dong 806 ( May 15, 2009) 6,250,000,000 won [6 or 2.5 million won x 10%) 20,423,522 won when the previous tax is calculated due to the reduction of 20,423,522 won (20,402,739 won x 5.5 million won x 3.365%) 4,106-dong 807 (one million won x 5,5 million won x 259/365), 206,500 won [30,00 won] 4,506-dong 807 (one million won x 5,206-6, 2006-5, 209) x 364,15615] 164,50615
(The basis for recognition) The amount of reduction shall be 43 million won (the basis for recognition).