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(영문) 서울중앙지방법원 2020.11.24 2020가단5099240
부당이득금 반환 등
Text

1. The Plaintiff, Defendant B, and C jointly share KRW 70,000,000, and Defendant D are Defendant B and C.

Reasons

1. Facts of recognition;

A. On December 18, 2017, the Plaintiff is a person who purchased approximately 2170 square meters (around 650 square meters; hereinafter “instant land”) prior to E in Seocheon-si and completed the registration of ownership transfer on January 15, 2018; Defendant C is a person who operates Defendant B Co., Ltd (hereinafter “Defendant Company”); and Defendant D is a person who works for the Defendant Company.

B. The Plaintiff and the Defendant Company entered into a contract with the Defendant Company (However, the Defendant Company was in fact one of the Defendant Company, and the Plaintiff or the said Defendants did not distinguish Defendant C with the Defendant Company in the implementation of the contract as seen below) and intended to enter into a contract with the Defendant Company, and the Plaintiff or the said Defendants intended to acquire the instant housing on the instant land. However, financial standing was not sufficient, and the content of the contract was modified as follows.

1) On or around December 19, 2017, the Defendant Company made three units of housing with 30 square meters at KRW 225 million in price. The Plaintiff paid KRW 45 million to the Defendant Company on or around January 23, 2018, and the Defendant Company divided the instant land into six units of housing with 30 square meters at KRW 1/6 out of the land. The construction cost is 4/6 out of the land, and the remainder of land is 1/6 under the agreement to pay the Defendant Company with consulting cost. Around March 27, 2018, the Defendant Company divided the instant land into approximately 120 square meters and left 30 square meters at KRW 30 until April 30, 2018 (hereinafter “instant construction”).

The remaining approximately 530 e.g., the Plaintiff transferred to the Defendant Company with the construction cost and infrastructure cost, and the agreement is to create a collateral security right to raise funds necessary for the civil engineering and construction work.

C. Around May 11, 2018, the division of the instant land, the title trust and the voluntary auction 1 Defendant C, and D, performed a title trust agreement with respect to the 530 square meters out of the instant land, and “530 square meters out of the instant land is from the Plaintiff to the design cost, construction cost, construction cost, complex development cost, and other sales cost.

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