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(영문) 서울중앙지방법원 2015.12.24 2013가단327348

부당이득금등

Text

1. The lawsuit claiming unjust enrichment by subrogation among the lawsuits in this case shall be dismissed.

2. The Defendants shall be the Plaintiff and the Plaintiff.

Reasons

1. Basic facts

A. Defendant B and Defendant B had ownership transfer registration on September 13, 2007 with F, and Defendant B had Defendant B F not more than 30 square meters in Seocho-gu Seoul, Seoul and the Seocho-gu Seoul Seocho-gu HW large 232 square meters (hereinafter the above 402 square meters) among the 402 square meters of the apartment house on three lots outside Seocho-gu, Seoul and the 232 square meters in Seocho-gu, Seoul.

(2) On September 17, 2007, Defendant B and F entered into a sales contract to sell the buyer’s name as F’s mother, and then, Defendant B and F entered into a sales contract to change the buyer’s name into F with an agreement that Defendant B would pay the buyer for all expenses incurred in acquiring the right to a site as referred to in E-I No. 402 on September 17, 2007, instead of having the F bear all the expenses incurred in acquiring the right to a site as referred to in subparagraph 402.

3) On September 29, 2007, F completed the registration of transfer of ownership under its own name with respect to E-Ba 402. B. On March 23, 2002, the Plaintiff entered into an agreement with P and three other parties, the owners of the instant L, K, L, M, N, andO sites in Seocho-gu Seoul, Seocho-gu, Seoul, and the Plaintiff entered into a construction agreement to newly construct the 18 households of 1,500,000,000,000,000,000,000,000,000,000,000 won (hereinafter “the instant loan”).

2) Of the instant Bara, 103 (attached Form No. 103; hereinafter “instant Ba 103”).

As to P on September 24, 2003, the ownership preservation registration was completed in the future. 3) The Plaintiff filed an application with P et al. for mediation to seek ownership transfer transfer under Seoul Central District Court 2008Ma4298 against the owners of the instant loan, including P, and on June 10, 2008, the conciliation was concluded between the Plaintiff and P on June 10, 2008 that “P shall implement the procedure for ownership transfer registration for the instant loan No. 103 on March 23, 2002 with the Plaintiff.”

4. On March 10, 2015, the Plaintiff’s loan No. 103 of this case pursuant to the above protocol of mediation.