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(영문) 서울중앙지방법원 2017.12.07 2017가단5011196

부당이득금 반환청구의 소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On July 13, 2012, the Plaintiff entered into a contract with the Defendant to exchange the 1st floor F (hereinafter “E commercial building”) among the head of Jinan-gun, Jinandong-gun and the 5th floor neighborhood living facilities and tenement houses owned by the Plaintiff, Dongdaemun-gu Seoul, Seoul, with the Defendant (hereinafter “first exchange contract”).

According to the first exchange contract, the Plaintiff is obliged to pay the Defendant the balance of KRW 20 million on August 20, 2012, and KRW 50 million on the remainder on August 20, 2012. The description of each exchange object and the contents of each special agreement are as follows:

The location of Defendant Property: The description of the goods exchanged on the first floor F of Dongdaemun-gu Seoul Metropolitan Government: the loan of KRW 250 million (G bank), KRW 110 million (H), the lease deposit of KRW 70 million: the location of the Plaintiff Property: The description of the goods exchanged on the Rip of Jinan-gun, Jin-gun, Jeollabuk-do, Jin-do: KRW 18,50 million (150 million). The Defendant succeeds to the Plaintiff’s loan of KRW 150 million.

The Plaintiff is a condition under which the Plaintiff succeeds to a lease agreement on the goods of the Defendant (a security deposit of KRW 70 million and KRW 3.6 million). The Defendant shall, on the registration of a loan of KRW 250 million, which is a defective amount entered in the public record of the property, succeed to the Defendant’s new bank loan of KRW 450 million after the cancellation of the loan of KRW 110 million, which is a defect amount entered in the public record of the property, and shall invalidate the loan of KRW 300,000,000,000,000,000,000

B. B. On July 26, 2012, the Plaintiff exchanged E commercial buildings with the second floor K of the J building in Young-gu, Young-gu, the Plaintiff entered into an exchange contract with the Plaintiff to receive the difference in exchange for the amount of KRW 3 million on August 20, 2012 (hereinafter “second exchange contract”). However, I cancelled the right to collateral security established on the commercial building in Young-si, the Plaintiff transferred it to the Plaintiff, instead, on August 20, 2012, the Plaintiff would receive the difference in exchange for the amount of KRW 70 million on the date of the contract (hereinafter “second exchange contract”).

C. On July 27, 2012 following the date following the conclusion of the second exchange contract, the Plaintiff, the Defendant, and the I three persons, one (i) E.