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(영문) 서울중앙지방법원 2018.12.13 2018가합516799
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The plaintiff's assertion is that both the debt 1 and one debt 1 debt , located in Eunpyeong-gu Seoul Metropolitan Government D, and the defendants disposed of the above D house without any authority and received the lease deposit for the above E house. Thus, the plaintiff's claim is filed against the defendants for the return of unjust enrichment of KRW 210 million in total [the amount of KRW 180,000 won [the remaining amount after deducting the disposal price of the above D house from KRW 295,000,000 from the disposal price of the above D house] 30,000 won in return of the lease deposit (the lease deposit for the above E house].

2. The following facts do not conflict between the parties, or each statement in Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 through 4, 7 through 14, 19, 21, and 22 (including each number) can be acknowledged by taking into account the overall purport of the pleadings. The reply to the order to submit each financial transaction information to Gap's 3 to 6, the inquiry inquiry of this court's case Nos. 3 to 6, the No. 1, the No. 1, the No. 2, the No. 1, the No. 3, the No. 1, the No. 3, the No. 1, and the Gangnam

Defendant B acquired a house through a contract title trust, instead of acquiring the following housing in its own name, purchased the said housing in the name of the Plaintiff, who is his/her father or mother.

1) Defendant B lending the Plaintiff’s name on January 17, 2006, and Defendant B borrowed 302, Eunpyeong-gu Seoul Metropolitan Government (hereinafter “D Housing”) from F.

A) The Plaintiff purchased KRW 123 million in the price. Of the price, KRW 45 million was remitted to the bank account; KRW 13 million was received as a collateral loan; and the Plaintiff, the buyer, was to succeed to the obligation to return the deposit for lease. Defendant B transferred KRW 45 million in the name of the Plaintiff’s account (the Plaintiff and Nonghyup G, the name of the account), and paid KRW 13 million in the name of the Plaintiff. The Plaintiff, the buyer, succeeded to the obligation to return the deposit for lease on February 8, 2006.

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