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(영문) 대전지방법원 2018.09.19 2017가단200334

부당이득금

Text

1. The Defendant’s KRW 51,986,150 as well as the Plaintiff’s annual rate from February 28, 2017 to September 19, 2018, and the following.

Reasons

1. Facts of recognition;

A. The instant sales contract and ownership transfer registration 1), the Plaintiff, the Defendant, and C (C is the Defendant’s punishment.

) On December 31, 2004, the company constituted a Dong company and purchased the real estate listed below [Attachment 1] from D with KRW 228 million (hereinafter “instant sales contract”).

With respect to land, [Attachment 1] 1’s four lots of land, “No. 1’s land,” and “No. 2’s land,” and all of them together “each land of this case.”

A. Serial

(a) Real estate indication;

B. On July 20, 2005, the date of the registration of ownership transfer, 1 Daejeon Seodong-gu E, Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, 204m204m2, G, Daejeon-gu, Daejeon-gu, 163m2, G, Daejeon-gu, Daejeon-gu, 1673m2, G, Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, 1673m2m2, which had been transferred to the Defendant on November 10, 2015, there was a tombstone of D, and the Plaintiff, Defendant, and C agreed that D will guarantee D to use the above land for ten years. 3m2, the Defendant’s future [Attachment 1] B.

As described in paragraph (A), with respect to land 1, the registration of ownership transfer was completed on July 20, 2005, and (b) with respect to land 2, the registration of ownership transfer was completed on November 10, 2015 after the lapse of 10 years from the date of conclusion of the above sales contract.

B. On the other hand, only the Plaintiff entered the instant sales contract as the buyer, while the Plaintiff entered the lawsuit on the land No. 1 (the first lawsuit).

The Plaintiff filed a lawsuit against the Defendant and D as the Daejeon District Court 201Ga7106 against the fact that D had completed the registration of transfer of the above land in the future of the Defendant despite the Plaintiff’s entry in the above sales contract as a buyer.

(hereinafter referred to as “1 lawsuit”). (b) The Plaintiff, by deceiving Defendant D in the instant lawsuit, had D complete the registration of ownership transfer in the name of B with respect to land No. 1.

The defendant asserts that "the defendant is entitled to cancel the registration of the land No. 1, and the plaintiff as to D.