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Reasons
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(영문) 서울동부지방법원 2018.08.08 2017가단6208
편취금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 27, 2003, the Plaintiff, known to the Defendant, consulted that the redevelopment project would be worth making an investment when purchasing the housing located in the Hanam-si, where the redevelopment project is scheduled, and decided to lend the name of D on March 27, 2003, to purchase F No. 2 G (hereinafter “instant real estate”) from the Hanam-si, which was owned by E, and entered into a sales contract between E and E to purchase the instant real estate in the name of buyer D. On March 27, 2003, the Plaintiff completed the registration of ownership transfer for the instant real estate under the name of D.

B. On August 12, 2005, a sales contract of KRW 132,500,000 for the instant real estate was concluded with H (hereinafter “H”) under the name of the seller D. According to the instant sales contract, KRW 10,000 for the intermediate payment, KRW 20,000 for the contract, and KRW 102,50,000 for the intermediate payment, KRW 20,000 for the intermediate payment, KRW 102,50,00 for the remainder payment on April 5, 2007.

C. On August 12, 2005, H transferred the down payment of KRW 10,000,000 to the IF account (Account Number: J) in the name of D on the date of the instant contract pursuant to the instant contract, and deposited KRW 1,00,000 from the said account on August 16, 2005, KRW 8,000,000 on August 18, 2005, KRW 50,000 on August 19, 2005, and KRW 50,000 on August 50, 200,000 on August 19, 2005 (= KRW 1,00,000,0000 on August 8, 19, 2005).

On May 17, 2006, the intermediate payment payment payment date under the instant sales contract was made by a receipt that received KRW 20,000,000 in the Defendant’s name on behalf of D.

E. On April 5, 2007, H deposited the remainder of KRW 102,50,000 under the instant sales contract in the account of the IF under the name of D (Account Number:K). On April 10, 2007, H deposited the sum of KRW 102,510,000 (= KRW 4,000,000) from the said account under the name of D (= KRW 50,000,000). On the same day, H deposited the sum of KRW 90,510,000 into the account under the name of the Defendant.

(f).

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