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(영문) 인천지방법원 2017.11.02 2016가단213380

부당이득금

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. The Korea Land Corporation (the Korea Land and Housing Corporation was merged with the Korea Land and Housing Corporation on October 1, 2009) selected D on October 9, 2008 as a person eligible for the supply of land for livelihood countermeasures (1 group 1 group and 27 square meters) while implementing the Incheon Free Economic Zone Development Project.

B. On August 27, 2009, the Plaintiff purchased the right to purchase the land for livelihood countermeasures that may arise in the future (hereinafter “instant right to purchase”) from the Korea Land and Housing Corporation in the order of brokerage or introduction of Defendant B, C, etc., by purchasing the right to purchase the land for livelihood countermeasures that may arise in the future (hereinafter “instant right to purchase”).

C. The Plaintiff remitted the amount of KRW 45 million to Defendant B’s account; Defendant B wired the amount of KRW 45 million to Defendant C’s account as it is; Defendant C wired the amount of KRW 1 million to G’s account; Defendant C wired the remainder of KRW 44 million limited to KRW 1 million to H’s account; and G traded the instant sales right by remitting money to H’s account.

D For the sale of the instant sales right, D has issued a sales contract, a certificate of transaction, a blank letter of delegation, a letter of performance, a letter of waiver of rights, a written application for change of name, etc. (hereinafter “transfer documents”) on which D’s seal impression is affixed in the column for the seller of the instant sales right (hereinafter “transfer documents”), and the Plaintiff received a certificate of transfer of rights through Defendant B.

E. The I Association (hereinafter “Union”) was composed of persons selected as persons eligible for the supply of the above land for countermeasures, and D was a member. After the purchase of the instant land for sale, the Plaintiff reported the purchase thereof to the Association, and paid the union’s expenses and land price, and was also present at the general meeting of the Association.

F. However, in the case of a provisional disposition prohibiting general assembly by the Incheon District Court 2013Kahap452, the above court did not regard the individual transferor of the right to sell (tentatively referred to as “tentativebed area”) on March 22, 2013 as a member.