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(영문) 서울동부지방법원 2017.02.09 2015가단121356
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is the birth of B, and C and B married with C on October 1, 1997 and divorced on August 2, 2007.

B. On November 27, 2000, the Defendant purchased 119.12/104 shares of 8,104 square meters in Seoul Jongno-gu Seoul Metropolitan Government F large 8,104 square meters in relation to E-building, and completed the registration of transfer of ownership in his/her name on December 29, 200, and completed the registration of transfer of ownership in his/her name, and completed the registration of transfer of ownership based on the trust to E-building on the same day.

C. On November 27, 200, KRW 80,481,015 was remitted from the deposit account (H) of the G Co., Ltd. (hereinafter “G”) to the deposit account (the account number I of the K) in B managed by C. On November 27, 200. On November 30, 200, KRW 82,150,000 was replaced from the said deposit account in B.

On December 26, 200, G transferred KRW 200,000 to C’s deposit account (J) from G’s above deposit account, and on December 26, 2000, C returned the same amount to B’s deposit account.

E. On December 27, 200, KRW 7,759,200 (the same amount as the registration fee) and KRW 5,000,000 were deposited respectively from the above deposit account in the name of B. The check was deposited at par 148,200,000, and the check was deposited at KRW 148,20,000 on December 28, 200.

F. On June 14, 2001, after the reconstruction of E, the reconstruction association completed the registration of ownership transfer based on the reversion of trust property as to the registration of ownership preservation and the shares in the land(53.23/7965.5) of Jongno-gu Seoul Metropolitan Government 101 Dong 1101 (hereinafter “instant apartment”) to the Defendant who acquired the right through reconstruction on June 14, 2001, which was after reconstruction of E.

G. On July 11, 2001, A completed the registration of the right to claim transfer of ownership in the name B on July 7, 2001 on the apartment of this case, based on one’s purchase and sale reservation, and B completed the registration of cancellation of the provisional registration on August 17, 2002.

H. There was no change in the name of ownership on the apartment of this case.

I. Around May 29, 2006, the Plaintiff entered into a credit guarantee agreement with G to a single bank.

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