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(영문) 서울남부지방법원 2014.06.13 2013가합10285
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff related to the parties is a person who purchased the Felto as seen below by Defendant D’s brokerage, and Defendant B is a person who sells the Furtoto to the Plaintiff as a broker by Defendant C, and Defendant E was the head of a branch office of the National Bank G branch of the Korea National Bank, Inc., which lent the Furto to the Plaintiff as security at the time the Plaintiff purchased the Furtoto.

B. On June 18, 2002, the Plaintiff purchased from Defendant D and C for KRW 1,435,00,000 a building of KRW 990 square meters in Yangju-si and its 5th floor (hereinafter collectively referred to as “Fel”) under the brokerage of Defendant D and C.

On June 26, 2006, the Plaintiff first completed the registration of ownership transfer with respect to Furher in the name of the Plaintiff on the same day, and completed the registration of creation of a collateral security amount of KRW 1.1 billion with respect to Furheras in the G branch of the above national bank G branch of the above national bank, and completed the registration of creation of a collateral security amount of KRW 1,430,000 with respect to Furheras.

C. After filing a complaint against Defendant B and C and conducting a non-prosecution disposition, the Plaintiff filed a criminal complaint against Defendant B and C with the Seoul Eastern District Prosecutors’ Office in around 2005, and the Plaintiff filed a criminal complaint against Defendant B and C for fraud. The Defendants conspired with the Plaintiff as if the operating profit of the Furher would be good, and argued that the Plaintiff had the Plaintiff purchase the Furher as if the above Defendants conspired, but on June 10, 2005, received a non-prosecution disposition against the said Defendants on the grounds that there was no suspicion.

(However, Defendant C and D were issued a summary order on the ground that they violated the Real Estate Brokerage Act by running real estate brokerage business without registering the establishment of a brokerage office.

On December 15, 2003, the Plaintiff sold Furherto Non-Party I on December 15, 2003, and completed the registration of ownership transfer for Furherto I on March 15, 2004. However, on February 24, 2005, when the right to collateral security under the name of Furher Bank remains, the auction procedure began after the execution of the right to collateral security on February 24, 2005, and on March 207.

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