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(영문) 수원지방법원안산지원 2017.07.04 2016가단18357

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1.The following facts do not conflict between the Parties:

The Plaintiff married with C on May 14, 2003, and C died on February 23, 2014 after having been married with his wife and four children (D, E, F, G).

B. The defendant is the husband of E and the deceased C's fraud.

C. C had a claim for the construction cost against New Co., Ltd. (hereinafter “New Co., Ltd.”). However, upon the trust of the contract name to the Defendant, C was paid in accord and satisfaction of No. 101, 101, 1015, 102, 906907109, 103, and 710, 103, and 710.

The plaintiff filed a lawsuit against the defendant against the Seoul Central District Court for a return of unjust enrichment on the ground that the defendant had made unjust enrichment equivalent to the purchase fund of I 8 bonds under an invalid contract title trust, and the defendant filed a counterclaim against the plaintiff for a return of the loan.

[Seoul Central District Court 2014Gahap32767, 2014Gahap4401 (Counterclaim)](e).

The above court made unjust enrichment equivalent to the purchase fund instead of acquiring ownership of I 8 bonds by the defendant, accepted the offset defense by the defendant, and rendered a judgment in favor of the plaintiff on April 16, 2015, and the judgment became final and conclusive through appeal (Dismissal of Appeal) and appeal (incompetence of hearing).

2. The plaintiff's assertion and judgment as to the plaintiff

A. The gist of the Plaintiff’s assertion was that the Defendant promised to transfer the ownership of I at any time before the dead C’s birth.

Therefore, according to the delegation and consent of the defendant, the deceased C entered into a contract to sell I 101 Dong 1115 to K on July 19, 2012, and I 101 Dong 1105 to K on July 21, 2012 under the name of the defendant, and received KRW 9 million from K as down payment, and KRW 15 million from K.

However, the defendant changed the attitude after the conclusion of each of the above sales contracts to not issue a seal imprint for sale, and the contact was also interrupted.

Therefore, the deceased C and the plaintiff are the defendant on September 18, 2012.