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(영문) 부산지방법원 2020.12.23 2019가합47380

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 15, 2014, the Plaintiff entered into a sales contract with the Defendant for selling KRW 1,070,04,00 for the purchase price (hereinafter “each of the instant real property”) of the Category D, E, F, G, H, H, I, J, and K of the Gohap-gun building C (hereinafter “instant sales contract”).

B. On December 29, 2014, the Plaintiff completed the registration of ownership transfer for each real estate of this case, and completed the registration of ownership transfer based on sale to the Defendant, and the Defendant completed the registration of ownership transfer for reasons of trust to L Co., Ltd. on the same day.

C. On June 15, 2015, the Defendant: (a) concluded a contract to sell Category G out of the instant real estate in KRW 138,00,000; (b) concluded a contract to sell Category H in the instant real estate in KRW 130,00,000 among the instant real estate to N on April 15, 2015; and (c) concluded a contract to sell Category H in the instant real estate in KRW 130,000,000 among the instant real estate toO on June 18, 2015; and (d) the Defendant completed the registration of ownership transfer for each of the instant real estate due to the reversion of trust property, and completed the registration of ownership transfer for each of the said buyers on the grounds of sale.

P has been awarded 460,00,000 won in a lump sum transaction price of 460,000,000 among each of the instant real property through public sale procedures and completed the registration of ownership transfer due to sale on August 21, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff asserted that each of the instant real estate was constructed, and the defendant and the defendant transferred the registration of ownership transfer of each of the instant real estate to solve this, and received the loan under the name of the defendant and repaid the plaintiff's above obligation, and then sold each of the instant real estate in lots.