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(영문) 서울고등법원 2018.01.30 2017나2036121
부당이득금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. H had been engaged in the business of raising business funds for Ho Youngdi C&C Co., Ltd. (hereinafter “top Youngdi C&C.”). As to the business of developing 11,547 square meters of Doo-si (hereinafter “topary land”) and 6,792 square meters of E forest land and 6,792 square meters of Doo-si (hereinafter “the instant real estate”), H requested the Defendant to lend money in relation to the development of Doo-si (hereinafter “the instant real estate”).

Serial 13,00,00 J 20,000 on November 13, 2012, 13, 201, 10,000 J 20,000 on November 15, 2012 (Transfers) 34,00,000 J 30,000 on December 14, 2012 (J 10,000,000 J 10,000,00 J 30,00 on December 14, 2013 (Transfers 0,00,000,000,000 J 3,00,00,000 (Transfers 1, 20,000,000) on January 2, 2013 (Transfers 60,000,00) on August 30, 2013 (Transfers 10, 2013)

B. Upon H’s request, the Defendant transferred totaling KRW 758,00,000 from November 13, 2012 to March 5, 2013, totaling 15 times to the account of J (H’s wife) or Jo Youngdi C&C, or delivered the said money as a check on his own. The said money was used for the purpose of payment of land purchase price, construction cost, etc. for the said development project.

C. On January 23, 2013, Saturdays entered into a pre-contract with the Defendant to trade KRW 900,000,000 with respect to the instant real estate, and issued and delivered to the Defendant a promissory note with a face value of KRW 900,000,000 at a face value. On the same day, the right to claim ownership transfer on the instant real estate was registered in the future of the Defendant for the said pre-contract.

The defendant shall be Ho Youngdi S&C.

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