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(영문) 의정부지방법원고양지원 2015.08.13 2014가단67914
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. In around 2005, the Plaintiffs and the Defendant agreed to jointly invest with D (the name prior to the name is “E” hereinafter) in the f. 3,015 square meters in Seosan-si, Seosan-si (hereinafter “the instant real estate 1”) and in the gro 235 square meters in Seosan-si, H large 362 square meters, H large 362 square meters, G, and H’s 123 square meters prior to I, G, and H’s 123 square meters in size, 48 square meters in storage facilities for single-storys in the 2nd class neighborhood living facilities, 36 square meters in storage, and 36 square meters in the 2nd class neighborhood living facilities (hereinafter “the instant real estate 2”).

B. Around June 28, 2005, the Plaintiffs paid KRW 60,000,000 for each invested amount to D, and the Defendant paid KRW 15,000,000 to D around June 30, 2005.

C. Around June 1, 2005, D entered into a sales contract with J to the effect that the purchaser of the instant real estate was the Defendant, and that the purchase price was KRW 136,800,000, and that the purchaser of the instant real estate was the Defendant with K and L around June 28, 2005, and entered into a sales contract with K and L to the effect that the purchase price was KRW 45,000,000 in total.

On June 30, 2005, both the first and second real estate of this case (hereinafter “each real estate of this case”) had been registered in the name of the defendant on the grounds of the above sale.

E. On September 13, 2005, the plaintiffs and the defendant prepared an agreement with D, M, and N to confirm that " although the registration of ownership transfer was made under the name of the defendant with respect to the real estate No. 1 in this case, according to the investment relation, the defendant owns 50 square meters, D 214 square meters, Plaintiff A 248 square meters, Plaintiff B 200 square meters, M 100 square meters, and 100 square meters, respectively, and received a notarial deed.

F. On September 13, 2005, the plaintiffs and the defendant confirmed as follows: "The defendant has completed the registration of ownership transfer with respect to the second real estate of this case under the name of the defendant, but the defendant has no real ownership, and D owns at the rate of 110 square meters, 50 square meters, and 58 square meters according to investment relations."

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