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(영문) 수원지방법원 2017.06.21 2016나21237

부당이득금반환

Text

1. The plaintiff's appeal against the defendants is dismissed.

2. The plaintiff's claim against the defendants expanded by the trial court.

Reasons

1. Basic facts

A. On August 13, 2012, Defendant B entered into a sales contract with D to jointly purchase KRW 60,000,000 of G forest land in Ansan-si with E and F (hereinafter “G forest”) with the purchase price of KRW 8,559 square meters in Ansan-si.

Since then, on September 25, 2012, G forest was transferred to Defendant C, the wife of Defendant B, and the ownership transfer registration was completed in Defendant B’s name on November 13, 2013 through H.

B. On December 10, 2012 between Defendant B and I and J, Defendant B is “K forest with a 2,457 square meters or less of K forest in Ansan,” and “each of the instant forests” together with G forest.

) A sales contract was concluded to purchase the purchase price of KRW 37,00,000. After that, K forest was transferred to Defendant C’s name on January 9, 2013, and the registration of ownership transfer was completed on November 13, 2013 in Defendant B’s name on November 13, 2013 through H. [The fact that there is no ground for recognition, entry of evidence Nos. 1 and 2, and the purport of the entire pleadings.]

2. Even if the Plaintiff’s assertion D is not a right holder of G forest, as if he were the right holder, the Plaintiff was affiliated with the Plaintiff and entered into a sales contract with the Plaintiff to sell KRW 660 square meters of the shares in G forest in KRW 25,00,000 among the shares in G forest, and received money as a sales price from the Plaintiff.

D used the said money received from the Plaintiff as a purchase fund of G forest land, which was intended to purchase with Defendant B, and further purchased K forest land based on the said money.

In other words, D, using the above money acquired by deception from the Plaintiff, obtained profits of KRW 9,504,00,000, which is equivalent to the shares thereof, without any legal grounds, by purchasing each forest of this case jointly with the Defendants, and the Plaintiff suffered damages of KRW 100,000,000 or more in the course of preparing the purchase price in the above tort committed by D.

In this regard, the defendants are aware of the fact that D has prepared the purchase price by acquiring money from the plaintiff, and they use it as the sale price of G forest.