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(영문) 전주지방법원정읍지원 2015.05.13 2014가합630
부당이득금
Text

1. The Defendant’s KRW 143,889,820 among the Plaintiff and KRW 143,752,00 among them, shall be from March 13, 2012 to May 13, 2015.

Reasons

1. Basic facts

A. On May 2010, the Plaintiff entered into a real estate sales contract and paid the price thereof, the Plaintiff purchased from C the amount of KRW 12 million in the amount of KRW 30,000,000,000,000,000,000,000 in the account of C under the name of the Plaintiff E, who is the Plaintiff’s son, respectively.

B. (1) On November 23, 2010, C completed the registration of ownership transfer and the establishment of a neighboring mortgage (hereinafter “mortgage”) with respect to the instant land, in the name of the Plaintiff, the Defendant, a partner of the Plaintiff, completed the registration of ownership transfer on November 23, 2010, at the Jeonju District Court Branch of the Seoul District Court, the registration of ownership transfer No. 23087. The certified copy of the register of the instant land stated the transaction value of KRW 256,750,000 in the transaction value, which was the cause thereof. (2) The F was granted a loan of KRW 80,000 from the Seoan Fisheries Cooperatives in the name of G and offered the instant land as security. Accordingly, on November 23, 2010, on the instant land, the registration of the establishment of the right to collateral security (hereinafter “mortgage”).

3) In completing the registration of ownership transfer on the instant land in the future of the Defendant, F paid the acquisition tax and registration tax imposed on behalf of the Defendant and the Defendant. C. Meanwhile, F trusted the Defendant with the 4,492 square meters of land (hereinafter “I land”) purchased from H, and accordingly, F entrusted the title of the Defendant with the 4,492 square meters of land (hereinafter “I land”).

2) On September 1, 2011, the Defendant sold the instant land and I land in KRW 334 million to J. On the same day, and completed the registration of ownership transfer in the J’s future with respect to each of the instant land, while fully receiving the said payment from J on the same day. However, at the time, the Defendant did not obtain the Plaintiff’s consent to the sale of the instant land.

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