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(영문) 수원지방법원성남지원 2015.12.10 2014가합2095
부당이득금반환
Text

1. Defendant C’s KRW 89,104,276 as well as 5% per annum from April 17, 2014 to December 10, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The right relationship of land E in Seongdong-gu, Sungnam-si (hereinafter “instant land”) is 2,400 square meters of land E in Sungnam-si, Sungnam-si (hereinafter “instant land before the instant partition”).

(2) On July 22, 2002, Nonparty F completed the registration of ownership transfer as to Nonparty G’s share 660/2,400, and the registration of ownership transfer as to Nonparty G’s share 1,740/2,400. The actual owner of the said land was the Plaintiff’s Intervenor. 2) On October 12, 2006, the land prior to the instant partition was divided into the Plaintiff’s assistant land E, H, I, J, and K-owned land of Sungnam-si on October 12, 2006.

(B) On October 24, 2006, G and F entered into an investment contract (hereinafter “instant investment contract”) with the Defendants on June 21, 2006 between the Plaintiff’s Intervenor and the Defendants with the following content: (a) the instant land, among each land after the said partition, was owned solely by F; and (b) the remaining four parcels of land were to be owned solely by G; and (c) on November 27, 2006, the share transfer registration following the agreement on partition of co-owned property was completed. (b) On November 27, 2006, the Plaintiff’s Intervenor and the Defendants entered into an investment contract (hereinafter “instant investment contract”).

Real estate indication: The land before the division of this case refers to the land of this case, which is modified in Sungnam-gu E.

Article 1 (Purpose) (1) of the F of land (660/240 shares) provides that the first provisional disposition of the said land shall be transferred, and the Defendants shall invest KRW 200,000 in the Plaintiff’s Intervenor.

Article 2 (Recovery of Investment Money by Defendant) A person who has obtained a provisional disposition and transferred ownership immediately after having obtained a judgment, shall be paid KRW 300,000,000 paid to the Defendants by means of a loan and sale.

Article 3 (Period for Elimination) The period of three months from the date of a contract shall be determined.

(Provided, That the period shall be one month). 10% interest per annum shall be paid during the period.

The Defendants shall immediately waive all the rights of the Plaintiff’s Intervenor in receipt of KRW 300,000,000, and immediately transfer the rights to the Intervenor designated by the Plaintiff’s Intervenor.

Article 4. Transfer of rights, etc.

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