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(영문) 제주지방법원 2018.12.20 2017가합10967
부당이득금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiffs, as married couple, become aware of Defendant C with the introduction of E. (2) Defendant C established Defendant D Co., Ltd. (hereinafter “Defendant D”) on December 13, 201, and is currently in office as an auditor.

B. On March 30, 2012, the Plaintiffs completed the registration of ownership transfer with respect to each one/2 share of G orchard 4,447 square meters and H orchard 1,890 square meters, in Jeju-si. On May 2, 2012, the Plaintiffs divided the said land into 50 square meters in G orchard 550 square meters in Jeju-si on June 1, 2012, and divided the said land into 1,000 square meters in G orchard 510 square meters, J orchard 1,985 square meters in J orchard, K orchard 1,143 square meters in K orchard, 1,090 square meters in L orchard, M orchard 541 square meters in M orchard, and 518 square meters in N orchard (hereinafter referred to as “instant land”).

(2) On June 20, 2012, the Plaintiffs sold the entire shares of J 1/4, I, K, and N among the instant Fdong land to Defendant C, and completed the registration of ownership transfer to Defendant D on June 22, 2012 at Defendant C’s request.

C. On June 22, 2012, Plaintiff B purchased and sold O land at Jeju-si (hereinafter “O land”) 2,149 square meters of O forest in Jeju-si (hereinafter “instant O land”) in the sale procedure due to voluntary auction on June 22, 2012

(2) On June 29, 2012, Plaintiff B purchased the instant O land and completed the registration of ownership transfer thereof on June 29, 2012. (2) In order to pay the said purchase price, Plaintiff B established a right to collateral security of KRW 560 million with respect to the instant O land, and was loaned from the said association KRW 428 million with respect to the instant O land.

3) On August 30, 2012, Plaintiff B completed the registration of ownership transfer on the instant O land to Q Q, and Q Q acquired the right to collateral security established on the said land. D. On May 16, 2012, Defendant C purchased 575 square meters in Jeju-si (hereinafter “instant RR land”) from Defendant C’s husband and wife, S couple, and Plaintiff B’s mother, and recommended investment in the method of selling the instant land after constructing the housing.

2 S shall pay the R land of this case 100 million won.

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