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Reasons
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(영문) 부산지방법원 2017.08.24 2016가단346812
부당이득금
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1. The Defendant shall pay to the Plaintiff KRW 10,171,428 and the interest rate of KRW 15% per annum from February 19, 2017 to the date of full payment.

Reasons

1. The following facts are acknowledged in full view of the descriptions of Gap evidence Nos. 1 to 3, 5, and 6 and the purport of this court's request for market price appraisal as to appraiser C.

A. On December 20, 2011, fixed real estate companies (hereinafter “garden real estate”) completed the registration of ownership transfer for the land listed in paragraph (1) of [Attachment List (hereinafter “D”) on the grounds of sale and purchase, and on December 28, 2011, the registration of ownership transfer for the ground of sale and purchase (transaction value 4,3120,00 won) on the Plaintiff on December 26, 201. On December 30, 201, the registration of ownership transfer for the Defendant’s 695/401 shares among them was made on December 26, 201 on the ground of sale and purchase (sale value 17,560,000 won), and on June 26, 201, the registration of ownership transfer was made on the ground of sale and purchase (sale value 17,560,000 won); (2) on June 28, 2012, the Plaintiff’s list 201,716.2.3

B. The Plaintiff transferred KRW 20,90,000 to the Defendant on December 23, 201, to make an investment in part of the funds necessary for the Defendant to purchase 695/4001 shares of D land as above.

C. F. On June 22, 2015, for G on June 22, 2015, the registration of ownership transfer was completed on June 19, 2015 for E’s 661/3100 of the land.

On October 27, 2015, the Plaintiff completed the registration of ownership transfer based on the sale on October 21, 2015 (transaction price of KRW 18 million) with respect to 165/401 shares among the Defendant and H, I, J, K, K, L, and D land.

E. As of June 28, 2017, the value of shares 695/401 of D land as of June 28, 2017 is 8,540,000 won.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion (1) The Plaintiff purchased real estate scheduled to be developed from M, which was an employee of the Defendant and his mother.

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