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(영문) 서울동부지방법원 2015.01.08 2014가단118957
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 7, 2005, the Defendant accepted a request from Nonparty C, who is the first village of the seventh degree, to “if a place of business is located in a D zone, compensation would be paid, and the Defendant borrowed the name of the Defendant so that such compensation would be paid.”

Accordingly, C leased the land of Gangseo-gu Seoul Metropolitan Government E in the name of the defendant, borrowed the place of business from the trade name "F", and registered the business under the name of the defendant and managed it.

B. On August 14, 2007, C requested the Defendant’s certificate of personal seal impression and resident registration certificate to receive compensation and received it from the Defendant.

C. On August 20, 2007, the Plaintiff concluded a sales contract under the name of the Defendant (hereinafter “instant sales contract”) to purchase the sales price of KRW 34,000,000,00 in the D Special Zone D in the Defendant’s name (a business operator B, Gangseo-gu Seoul Metropolitan Government E, where the business place is located; hereinafter “instant commercial share certificates”) through C, which is the Defendant’s agent, and paid KRW 34,000,000 in total of KRW 30,000 on the date of the said contract to C.

At the time of the conclusion of the instant contract, the Plaintiff received a certificate of personal seal impression and resident registration under the name of the Defendant from C. However, the instant contract does not state the purport that the agent is the contract by designating C as his agent, and is stated as if the Defendant and the Plaintiff were the Plaintiff.

However, the defendant was determined as disqualified and excluded from the issuance of the commercial sovereignty in the examination conducted by SP on July 201, 201.

[Ground of recognition] Facts without dispute, Gap evidence 1-5, Gap evidence 2, 3, Eul evidence 1-1, 2-2, and the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the plaintiff's assertion 1) The defendant's assertion that he is responsible for the nominal lender's liability lies in lending his name to C on or around September 2005.

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