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(영문) 서울중앙지방법원 2014.12.24 2013가단248483
부당이득금 반환
Text

1. The Plaintiff:

A. Defendant A’s KRW 17,146,66 and for this, KRW 5% per annum from May 13, 2013 to December 17, 2013.

Reasons

1. Facts of recognition;

A. C and D Co., Ltd. (hereinafter “D”) entered into a security trust agreement with the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) on October 19, 2009 with the first beneficiary of KRW 1,170,00,000 as the first beneficiary of KRW 2,90,000,00 as the return-limit mutual savings bank, the second beneficiary of KRW 2,90,000 as the return-limit amount as the Korea Land Trust Co., Ltd., Ltd., with the second beneficiary of KRW 1,287,00 and KRW 722,00,000 as the Korea Land Trust Co., Ltd., Ltd., and accordingly, on October 22, 2009, D completed the registration of ownership transfer with respect to the above F land, and D completed the registration of ownership transfer with respect to the Korea Land Trust.

B. D and C contracted in December 2009 to G Co., Ltd. (hereinafter “G”) for the construction of Class 1, 2, and 300,000 neighborhood living facilities on each of the above land to KRW 2,30,000.

C. Upon completion of the above H building on July 5, 2010, as to 302, 304 of the above building; C with respect to 64/100 shares; D with respect to 36/100 shares, and with respect to the land trust to Korea

7.2.D. The registration of ownership transfer was completed on the ground of self-trust.

G transferred the claim for construction price to D and C to the Plaintiff, and notified D and C of the above transfer on August 4, 2010, and D and C of the same year.

8.6. The contract was entered into with the change of the original trust register with the content that the second priority beneficiary of the said secured trust, which was already changed to G, was changed to G, to the Plaintiff.

E. C and D: (a) on March 21, 201, deposited the above H 302 to Defendant B with a deposit of KRW 20,000,000, monthly rent of KRW 1,500,000 (Advance payment) from April 1, 2011; (b) on April 5, 2011, Defendant A leased the above H 304 deposit of KRW 20,000,000, monthly rent of KRW 800,000, monthly rent of KRW 800,000 (Advance payment); and (c) on April 30, 2011, the land trust was leased from the Defendants each around that time, and the land trust was leased from the Defendants each at KRW 20,00,00,000, monthly rent of KRW 300 from April 30, 201.

5.2. The rent of KRW 1,500,00 from Defendant B around that time, and the rent of KRW 2,400 from Defendant A.

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