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(영문) 서울고등법원 2017.10.19 2016나2078753

부당이득금

Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Basic facts

A. On December 2013, the Plaintiff decided to acquire “Emart” (hereinafter “instant Empt”) located on the first floor of the building No. 3, Incheon Gyeyang-gu, Incheon, and three lots of land D (hereinafter “instant building”).

B. At the time, the Defendant alleged that the amount invested in the instant marina, such as the rental deposit, reaches KRW 810,000,000, and demanded the payment equivalent to the above amount, but, upon consultation with the Plaintiff, agreed to KRW 500,000,000 as a result of the agreement with the Plaintiff.

The Plaintiff and the Defendant agreed to substitute for the Plaintiff’s acceptance of KRW 100,000,000 (as KRW 93,000,000,000,000,000, such as the credit card companies and the Amcream subsidies, etc., the amount of debt of KRW 93,00,000,00, which the Defendant assumed in connection with the operation of the instant Empt).

(hereinafter “instant acceptance agreement”). C.

On March 31, 2014, for the payment of acceptance price, the Plaintiff issued to the Defendant a promissory note that constitutes a face value of 200,000,000,000 for the issuance of the company as well as a face value of 200,00,000 for the issuance of the same company (hereinafter “instant Promissory Notes and Check”). D.

On April 9, 2012, the registration of ownership transfer was completed due to the commission of the registration of provisional seizure in the name of Non-Skmandi Co., Ltd., and on April 24, 2012, the registration of ownership transfer was completed in the name of the trustee International Trust Co., Ltd. on the ground of the trust.

On the other hand, among the sites of the above D building, the registration of transfer of ownership was completed on September 20, 2007 with respect to the 2,746.1 square meter in Gyeyang-gu Incheon Metropolitan City, Gyeyang-gu, on the ground of sale on September 20, 2007, under the name of the trustee international trust corporation on April 24, 2012.

After February 6, 2015, the registration of ownership transfer has been completed to I due to the sale of the above site by voluntary auction.

E. The defendant shall make a monthly contract on real estate with non- grandchildren Co., Ltd. and the instant marina.