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(영문) 수원지방법원성남지원 2020.09.15 2018가단221590

부당이득금

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. In Gwangju City, E- 162 square meters of forest land (hereinafter “the instant forest”) was originally owned by the Republic of Korea.

B. On December 28, 2016, Defendant C purchased the instant forest from the Republic of Korea and paid the down payment by borrowing KRW 38,200,000 from Defendant B around that time.

After that, on January 16, 2017, the Plaintiff, on behalf of Defendant C, remitted 344,775,910 won of the remaining trade (including delayed damages) to the F Company’s account on behalf of Defendant C, and Defendant C completed the registration of ownership transfer on the instant forest land on February 8, 2017. < Amended by Act No. 14428, Dec. 28, 2016>

(Transaction Price 382,792,000). (C)

On February 15, 2017, the Plaintiff and Defendant B completed the registration of transfer of ownership from Defendant C for reasons of sale as of January 16, 2017.

(Plaintiff: 1482/1622 Equity, Defendant B, 140/162 equity, transaction value of KRW 412,792,00).

Defendant D served as the head of Griju from around 2017 to 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 7, the purport of the whole pleadings

2. Judgment on the plaintiff's primary claim

A. The Defendants asserted that Defendant C had the right to purchase the instant forest land, which is a State-owned land, from the F Company, and thus, Defendant C purchased the instant forest land by using it and composed of a Dong company with intent to sell it to the Plaintiff and distribute profits therefrom. Defendant B shared the following tasks: ① (i) the entire business planning and purchaser interference; (ii) the buyer’s name was offered at the time of purchase from the F Company; and (iii) the Defendant D prepared a letter of confirmation to pay to the F Company as a transfer.

Since then, the above Dong companies organized by the Defendants agreed to secure the complete ownership of the forest of this case to the Plaintiff instead of receiving fees and various taxes from the Plaintiff.

However, the above Dong company violated the above agreement, such as completing the registration of partial transfer of ownership of the forest of this case in the future of Defendant B, and the plaintiff.