logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원안동지원 2020.07.15 2019가단23145
부당이득금
Text

1. The plaintiff's primary claim and the conjunctive defendant are all dismissed.

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

Reasons

1. Basic facts

A. On March 31, 2009, the conjunctive Defendant, the primary agent of the Defendant, sold each of the above real estate to the Plaintiff on March 31, 2009, with respect to D, 398 square meters in a permanent residence owned by the primary Defendant, and buildings on which D, E, 20 square meters in a forest, and 5 square meters in a forest.

(hereinafter “instant sales contract”). B.

At the time, the right to collateral security was set up with G organization and H’s name in the instant land and building.

In relation to the purchase price, the Plaintiff paid the down payment of five million won, and paid the remainder of fifteen million won on April 24, 2009, and on April 30, 2009, the remainder of ten million won on April 30, 2009, and the remainder of KRW 170 million on loans to G organizations, and KRW 140 million on obligations to H, and KRW 30 million on obligations to H.

When paying the above intermediate payment 15 million won, the Plaintiff entered into a registration of transfer of ownership, and the Plaintiff decided to succeed to the obligation of loans to G organizations within five months, and decided to pay monthly interest to the seller.

C. On the other hand, the primary Defendant decided to deliver to the Plaintiff the subject matter of sale within five days after receiving the intermediate payment, and decided to deliver the facilities, fixtures, etc. located in the instant D building without compensation.

On April 17, 2009, the Plaintiff paid 30 million won to the conjunctive Defendant, who is the primary Defendant’s representative, in total, the amount of KRW 7 million on June 24, 2009, KRW 6 million on June 24, 2009, and KRW 5 million on April 26, 2011.

E. On June 2, 2014, the primary Defendant sold the instant land and buildings to I who are the children of the preliminary Defendant, and completed the registration of ownership transfer on June 30, 2014.

On June 30, 2014, the registration of creation of a new mortgage with G organizations established on the instant land and building and H was revoked on June 30, 2014. On the same day, the registration of creation of a new mortgage with the debtor I, the JJ association of the mortgagee, the maximum debt amount of KRW 260 million was completed.

[Ground] Evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.

arrow