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(영문) 수원지방법원 2021.03.31 2020나83171
부당이득금
Text

1. The judgment of the first instance, including the Plaintiff’s claim that was changed in exchange before the remand, is as follows.

Reasons

Basic Facts

On June 30, 2006, the Plaintiff entered into the first exchange contract between the Defendants and the Plaintiff on the ownership of 52,072 square meters (hereinafter “military forest”) in Gyeong-gun, Gyeong-gun, Chungcheongnam-do, the Plaintiff owned by the Plaintiff, and the Defendants on the ownership of 22,803 square meters in HH forest in the Gyeonggi-gun, the Gyeonggi-gu, the Gyeonggi-do, the Gyeonggi-do, the 5th floor of the Plaintiff, which exchanged the ownership of Jho-gun (hereinafter “Masan-si building”) among the buildings with the 5th floor of the 5th floor of the Plaintiff, and agreed to deliver documents necessary for the registration of the transfer of ownership to the Plaintiff without delay, and the building of Ansan-si, the Defendants agreed to delegate all the rights to the Plaintiff.

According to the first exchange contract, the title of 1/3 shares to Defendant B, E, and C had been transferred to Defendant B, E, and C on July 21, 2006 by the Daegu District Court registry office located in the Gun in the Gun of the Daegu District Court on July 21, 2006. On the Plaintiff’s request, with respect to Pyeongtaek-gun Forest, the title of K had been transferred to another person on November 6, 2006 by the 26944, which was received on November 6, 2006.

The Defendants: (a) prepared the instant power of attorney in the form of a disturbance and delivered it to the Plaintiff to the effect that the Defendants comprehensively delegate all the authority regarding the sale of buildings in Ansan-si.

On August 18, 2006, the Plaintiff sought to enter into a separate exchange contract on the Ansan-si building through his agent L, and accordingly, on August 18, 2006, the Plaintiff entered into a secondary exchange contract for exchanging part of the P site and part of the above ground buildings (hereinafter referred to as “the real estate for South Korea”) in the name of ownership in the name of title N (O: the name prior to the name of the name of the Defendants) and F (M) in the name of the title of the ownership under the name of the name of the owner of the P (O). At Ansan-si, the Plaintiff entered into an exchange contract for the ownership of the building in the name of the Defendants under the name of the Defendants, and entered the contract as “N’s agent L” and “N’s agent F.

According to the second exchange contract, the Plaintiff paid 10,000,000 won out of the difference between F on August 18, 2006.

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