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(영문) 대전고등법원 2018.05.22 2018나14661
부당이득금반환
Text

1. The Plaintiff’s appeal against the Defendants and the first and second preliminary claims against Defendant C added by this court.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B maintained a de facto marital relationship from November 2001 to September 201, 201. On September 201, 2012, the Plaintiff and Defendant B resolved de facto marriage with their separation.

Defendant C is the children of Defendant B’s Nice H.

B. A sales contract for the instant real estate No. 1) around 2003, the Plaintiff entered into a contract with D to purchase the instant real estate No. 1 and building No. 110 million won, such as the instant real estate No. 1 and the instant real estate No. 1, and D entered into a contract with D on July 30, 2004 that received KRW 55 million from the Plaintiff. (2) On April 20, 2005, the Plaintiff again entered into a contract to purchase the instant real estate No. 1 from D to purchase KRW 5 million.

3) On September 25, 2006, the registration of ownership transfer was completed on the ground of sale on September 25, 2006 (transaction price of KRW 42,00,000) in the name of Defendant B. On the same day, the registration of ownership transfer was completed on September 25, 2006, and on the same day, the registration of ownership transfer was completed on the ground of Defendant B’s debtor as Defendant B. The Defendants entered into a sales contract of KRW 280,000 on May 1, 2012 with respect to the instant real estate of KRW 20,000,000. Accordingly, on May 11, 2012, the Plaintiff purchased the instant real estate of KRW 1/2 shares in the name of the Defendants as to each of the instant real estate of KRW 300,000,000,000 (the sale contract of the instant real estate of KRW 300,300,000,00).

2) After that, on March 14, 2012, Defendant C entered into a sales contract with P to purchase KRW 190 million of the instant third real estate from P. 3).

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