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(영문) 서울동부지방법원 2020.05.14 2018가합104953
부당이득금반환 등
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. On April 22, 2014, the Suwon District Court G in relation to the said land, and the Suwon District Court H in relation to the said D and E was rendered a voluntary decision to commence auction on the following grounds: (a) the said auction was joined as one of the auction cases after the said auction cases was joined as one of the two cases.

(hereinafter referred to as the above three parcels of land are collectively referred to as the "land of this case"

On September 19, 2014, when the Plaintiff invested KRW 150,000 to I, the Plaintiff and I acquired the claim of KRW 115,500,000,000 from the acquisition of the said money from J-LLC (hereinafter “J”) to acquire the said money as collateral for the instant land, which is the creditor, and ② upon the lapse of 90,000,000,000 won, the Plaintiff and I entered into an investment contract on the acquisition of the claim that the Plaintiff will pay KRW 2,30,000,000,000,000,000,000,000,000 to the Plaintiff.

The plaintiff paid 150 million won to I on the same day.

C. On November 3, 2014, J acquired the above-mortgaged claim from the FF Bank, and was transferred the above-mentioned collateral security and joint collateral security on the same day.

I, under the name of K on November 3, 2014, acquired the above-mortgaged mortgage claim from J, and received the above-mentioned collateral security and joint collateral security transfer on the same day.

E. I and the Defendant concluded a title trust agreement with I to obtain a sale decision on the instant land under the name of the Defendant, and thereafter, the Defendant paid the sale price on February 3, 2015 after receiving the sale decision in the said voluntary auction procedure and acquired the said land.

F. On February 12, 2018, the Defendant sold the instant land to L in KRW 950,000,000, and completed the registration of ownership transfer on March 5, 2018.

[Reasons for Recognition] Items A through 5, 10, 13, and Eul's evidence Nos. 3, the purport of the whole pleadings

2. The primary description;

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