(영문) 의정부지방법원 2016.11.17 2015가단20797

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(영문) 의정부지방법원 2016.11.17 2015가단20797

부당이득금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The husband D of the Defendant (former name C) from around 2006 to the Plaintiff was liable to repay the borrowed amount of KRW 1.3 billion, but the Plaintiff urged the Plaintiff to repay the borrowed amount. On July 17, 2013, the Plaintiff purchased each real estate listed in the separate sheet owned by the Defendant (hereinafter collectively referred to as “instant real estate,” and “the instant house” in the name of a house) between the Plaintiff and the Plaintiff in order to repay the borrowed amount of KRW 400 million out of the borrowed amount of KRW 400 million, and the payment of KRW 400 million out of the down payment of KRW 400 million shall be offset by D. The draft sales contract (Evidence No. 28) dated July 17, 2013 was prepared.

D with this, the plaintiff and the defendant have established a sales contract as of July 30, 2013, as seen below.

B. On July 30, 2013, D, on behalf of the Defendant, sold the instant real estate in KRW 900 million, and determined as March 30, 2014 the down payment amount of KRW 400 million, the remainder payment of KRW 500 million, and the remainder payment date. A sales contract (No. 2, hereinafter “instant sales contract”) was prepared in which the Plaintiff succeeds to a loan of KRW 330 million, and a notary public obtained certification on behalf of the Defendant as to the instant sales contract on behalf of the Defendant from a law firm.

(C) The contract date was changed to March 30, 2014, and the contract date was changed to July 30, 2013. (The contract date was amended to July 30, 2013.)

Matters to be entered in the special agreement in the sales contract of this case are as follows:

The phrase “assumpt 1 and current facilities shall be sold and sold in a state of basic and present facilities,” the remainder shall be written in writing, and the part “each public charge until the remainder shall be settled by the seller (based on the date of balance)” under subparagraph 1 and the part “(300 million won)” under subparagraph 3, and the part(4,5, and 6) shall be added to the draft. The basic and present part of January 1, 200.

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