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(영문) 서울동부지방법원 2016.06.23 2015가합2803
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 10, 2014, the Plaintiff filed a lawsuit against C and the Defendant seeking the payment of loans and the revocation of fraudulent act, etc., and paid the Plaintiff the amount of KRW 500 million and the amount calculated by the ratio of KRW 2.5% per month from October 25, 2012 to the date of full payment (hereinafter “instant loan”); ② the cancellation of a real estate sales contract between C and the Defendant, ③ the implementation of the procedure for the cancellation of the registration of the ownership transfer registration, ③ the restoration to the original state, ④ the Defendant ordered the Plaintiff to compensate for the value of real estate the ownership of which is impossible to be returned due to the transfer of ownership to a third party (Seoul Central District Court Decision 2013Ga21890, hereinafter “unlawful act”); and the judgment of fraudulent act became final and conclusive around July 30, 2014.

B. 1C from January 5, 2012 to the same year

4. By the 23th day, the Defendant paid KRW 169.8 million (hereinafter “first payment”) to the Defendant.

2) On May 30, 2012, C is KRW 30 million as the cause of a traffic accident to the Defendant on May 30, 2012 (hereinafter “second payment”).

(3) On July 2, 2012, the mortgage holder, the Defendant of the collective security right, the maximum debt amount of KRW 140 million, and the debtor C’s establishment registration of mortgage (hereinafter “instant collective security”). On March 14, 2013, the F purchased each of the said real estate from C paid KRW 140 million to the Defendant for the cancellation of the instant collective security right (hereinafter “third payment”).

4) On April 1, 2012, the Defendant purchased from G (owner on the register) one and six parcels from G (H), Chungcheongnam-gun, Gyeongnam-gun, and one and six parcels for KRW 700 million (hereinafter “instant sales contract”).

B. The sales contract was entered into, and the buyer entered into the contract as “Defendant and one other”.

C paid KRW 120 million out of the above purchase price to G.

After November 2, 2012.

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