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(영문) 서울고등법원 2015.05.12 2014나2008439
부당이득금반환등
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The plaintiff is a provisional payment to the defendant.

Reasons

1. Basic facts

A. On February 2, 2006, the Plaintiff purchased the purchase price of KRW 254,070,000 from the Defendant for the purchase price of KRW 254,00 (hereinafter referred to as the “instant purchase contract”), and paid the Defendant the full amount of the purchase price by paying the purchase price of KRW 54,070,000 on March 54, 2006 and KRW 200,000,000,000 on March 23, 2006, respectively, for each of the following reasons:

(B) At the time of the instant sales contract, the registration of the trust was made in the name of the Korea Land Trust Co., Ltd. with respect to the instant land at the time of the gold-Robbery Development Co., Ltd.

On November 6, 2006, the Plaintiff, together with the Defendant, F, and G, purchased from L for KRW 490,000,000 jointly for KRW 50,000,00 for the Plaintiff’s share of KRW 50,000,000 for the down payment of KRW 165,045 square meters for D forest, H forest 2,045 square meters, 49, J forest 1,795 square meters, and 215 square meters for K forest 215 square meters (hereinafter the above five parcels are referred to as “instant land, etc.”). On November 29, 206, the Plaintiff provided the Defendant with KRW 45,00,000 for the payment of KRW 50,000,00 for the down payment of KRW 20,000 for the Plaintiff’s own share.

C. On April 19, 2006, the Defendant registered the right to claim transfer of ownership in its own name on the ground of sale on November 2, 2005 with respect to the land of this case on November 2, 2005, and subsequently completed the principal registration on July 21, 2006 on the basis of the provisional registration.

On August 19, 2010, the defendant completed the registration of transfer of ownership with respect to the land in this case to Dongpoul Co., Ltd. on the ground of sale.

In addition, the defendant, from December 2006 to January 2007, completed the registration of ownership transfer with respect to the D land, etc. of this case under his own name on the grounds of sale and purchase, and sold the D land, etc. to M around January 2010.

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