beta
(영문) 서울북부지방법원 2017.02.16 2015가합23516

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 June 5, 2001, the Defendant entered into a real estate investment contract with C Co., Ltd.’s representative director D on June 5, 2001 (hereinafter “C”), and was certified by Law Firm Busan, Busan, and 1607.

(hereinafter referred to as the “certificate 1”). According to the letter of certification 1, when the Defendant invests approximately 200 square meters (hereinafter referred to as the “instant land”) of the size indicated separately in the commercial site area in the area of Kimhae-si, Fri, and Gri land readjustment project (hereinafter referred to as the “instant project”) in which C is in force, D invests the total amount of KRW 1 billion on June 5, 2001 and KRW 300 million on June 15, 2002, D returned the said KRW 1 billion to the Defendant on June 7, 2002, and issued a bill with the same amount at par value to the Defendant, and in return for this, it decided to transfer the instant land without compensation to the Defendant.

B. The Defendant paid KRW 1 billion to D in accordance with the first certificate, which was returned from D on June 7, 2002.

The object of the contract for the transfer of rights: It shall be transferred to the transferee all of the above rights attached to the certificate No. 1607 of 200, the certificate No. 1607, the Busan East East-do, No. 1607, the document No. 1607, among the land for the land for the land for the land for the land readjustment and rearrangement project of Eri

The transferor of right: The transferee of right by the plaintiff: I

C. The Plaintiff and the Defendant drafted a contract for the transfer of rights on April 16, 2004, and received the certification from the Busan Eastern District Court Decision 842 dated 2004.

(hereinafter referred to as "certificate 2"). Details of the certificate 2 are as follows, and the certificate 1 is attached in attached Form.

[Ground for recognition] Entry of Gap evidence No. 1 (if a serial number exists, including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff asserted that the plaintiff purchased the rights in the commercial area of 200 square meters and 1 certificates from the site of the project of this case through the preparation of the certificate No. 2 on April 16, 2004.