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(영문) 서울중앙지방법원 2014.10.16 2012가합44742

부당이득금반환 등

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Defendant C as the Defendants is a corporation established for the purpose of real estate sale, etc., and the Defendant D (hereinafter “Defendant Company”) is a corporation established for the purpose of real estate sale, etc.

B. On October 17, 2008, the Plaintiffs were to purchase KRW 1,652/11,344 of the land of this case owned by Defendant C with the Defendant Company in KRW 150,00,000 (hereinafter “the first sale contract of this case”).

2) The sales contract of this case was signed (However, the sales contract of this case was written by the plaintiff as the buyer.

(2) On January 6, 2009, G, the children of Plaintiff A and Plaintiff B, transferred the total amount of KRW 150,000,000 on November 28, 2008, and KRW 50,000 on December 4, 2008, respectively, to the Defendant Company’s deposit account, and paid KRW 150,00,000 in total. (2) On January 6, 2009, G, one of the children of Plaintiff A and Plaintiff B, completed the registration of ownership transfer on each share of KRW 826,11,344 out of the land of this case.

C. On February 19, 2009, Plaintiff B and the Defendant Company agreed to purchase KRW 120,000 of the 397.06/900 of the land owned by Defendant C (120 square meters) among the land owned by Defendant C (hereinafter “instant 2 sales contract”).

(2) On March 5, 2009, Plaintiff B concluded the registration of ownership transfer on shares 397.06/90 of the land of this case on March 5, 2009.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-1-3, Gap evidence 5-5, Eul evidence 1-2, Eul evidence 2-2, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiffs’ assertion 1) Defendant C is the president of the Defendant Company and the actual representative. 2) Defendant C, an employee of the Defendant Company, was operating a caregiver.