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(영문) 서울중앙지방법원 2018.09.13 2017가합560768
부당이득반환
Text

1. Defendant C’s KRW 30,108,727 as well as 5% per annum from November 1, 2007 to September 13, 2018, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The Defendants requesting the sale of D-dong land and housing (hereinafter “the deceased”) received a request from Ma E (hereinafter “G land”), F to sell the land in the form of Goyang-gu G field 847 square meters owned by the deceased (hereinafter “H land”), H 674 square meters (hereinafter “H land”); H 674 square meters (hereinafter “H land”); H 1-to-land single-story housing (hereinafter “I-land”); H 851 square meters (hereinafter “J land”); K 1,654 square meters (hereinafter “K land”); and K 1,654 square meters (hereinafter “K land”).

B. On October 25, 2006, the Plaintiff entered into a real estate sales contract (hereinafter “instant sales contract”) with a seller, a purchaser, a J-owned land, and an I-owned housing purchase and sale price as KRW 586 million, with the Plaintiff’s knowledge of the land and I-owned housing. On October 25, 2006, the Plaintiff entered into a real estate sales contract (hereinafter “instant sales contract”) with the buyer, a purchaser, a J-owned land, and an I-owned housing, and a purchase price as KRW 586 million.

The sales contract of this case was signed and sealed by the seal that the down payment amount of KRW 50 million is to be paid on the date of the contract, and that the F was received by the latter, and the intermediate payment of KRW 200 million was written on November 27, 2006 and the remainder of KRW 336 million was written to be paid on December 28, 2006.

The Plaintiff paid total of KRW 326,108,727, including KRW 50 million on the day of the contract to the Deceased and F, KRW 191,108,727 around November 27, 2006, and KRW 85 million on December 28, 2006.

B) On the other hand, with respect to each land G, H, J, and K on December 29, 2006, the right to collateral security with the maximum debt amount of KRW 280,000,000,000,000 for the debtor F, the maximum debt amount of KRW 140,000,000 for the debtor F, and the right to collateral security with the debtor F (hereinafter the above two joint collateral security rights) are each of the instant joint collateral security.

On January 3, 2007, a total of KRW 300 million was deposited into the account in the name of H and K. 2) On October 25, 2006, a real estate sales contract (hereinafter “the separate sales contract”) was drawn up with the seller’s name, F, purchaser, M, H, the subject of sale, H, K’s land, and the price of KRW 514 billion.

The amount of KRW 514 billion shall be M.

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