(영문) 대구지방법원 2019.07.04 2018가단22562

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(영문) 대구지방법원 2019.07.04 2018가단22562

부당이득금반환 등

Text

1. The plaintiff's respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant B is bound to engage in the business of operating the legal party under the name of “F company” in Kimhae-si, and creating the right to receive a deposit, the instrument, etc. to customers who find the legal party, or creating the books to customers.

B. On June 19, 2015, the Plaintiff paid KRW 20,000,000 to the Defendant on June 19, 2015, and KRW 10,000,000 to the Defendant’s account in the name of Defendant B’s wife as designated by each Defendant B.

C. As to the forest land entered in the purport of the Plaintiff’s claim (hereinafter “instant forest”), the registration of transfer of ownership in Defendant C’s name (hereinafter “the registration of transfer of ownership”) was completed on the ground of “the donation on December 16, 2015,” as of December 17, 2015, on the ground that the registration of transfer of ownership in Defendant B’s name (hereinafter “the registration of transfer of ownership”) was completed on the ground of “the donation on May 15, 2018” as of May 15, 2018.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 4 evidence, purport of the whole pleadings

2. Summary of the plaintiff's ground of claim

A. The part of Defendant B’s claim for the payment of money against Defendant B, upon Defendant B’s recommendation, deceiving the Plaintiff by making a false statement to the effect that the Plaintiff, even though having no effect, was aware of the fact that the Plaintiff had no effect, he would be able to be able to have the Plaintiff’s work well and healthy.”

The Plaintiff, which belongs to Defendant B’s above deception, transferred KRW 30,00,000 to Defendant B’s deposit account in the name of G designated by Defendant B, and thus, paid KRW 51,260,000 in total to Defendant B. Therefore, Defendant B is obligated to return the above KRW 51,260,000 to unjust enrichment or to pay the amount of damages for tort.

B. The part claiming the cancellation of the ownership transfer registration against the Defendants was given a donation of the instant forest from the Plaintiff, and the Defendant B remains the legal party in the instant forest.

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