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(영문) 서울동부지방법원 2014.07.09 2013가합100888
부당이득금
Text

1. The selected parties C, D, each of the KRW 19,97,299 for the Plaintiff, and 5% per annum from April 23, 2013 to July 9, 2014.

Reasons

1. Facts of recognition;

A. The designated person C is the Defendant’s father, the designated person D is the husband of the designated person C (the Defendant’s deceptive act), and E is the Defendant’s wife.

B. On January 3, 2008, the Plaintiff sold the real estate listed in attached Table 1 (which was before the real estate was destroyed on April 23, 2009; hereinafter “F housing”) to the Selection C and D at KRW 200,000,000.

In the above sales contract, the two parties agreed that 40,000,000 won out of the price shall be paid in lieu of the buyer's acceptance of the obligation of return of 40,000,000 won for the lessee of the F Housing.

C. On January 3, 2008, the Plaintiff, E, and C, and D: “The Plaintiff shall exchange one household out of the three floors of the Plaintiff’s F and E’s multi-household housing that were newly constructed on the G site in Gwangjin-gu Seoul Special Metropolitan City; the Plaintiff shall immediately transfer the ownership of the F and E to the Appointor C, and E shall transfer the ownership of one household out of the three floors after the completion of the construction of the above multi-household housing to the Plaintiff; first, the Plaintiff shall transfer the ownership of F and C, and the Appointor C, and D shall transfer the ownership of the F and E to the Plaintiff; and then the Plaintiff shall establish a collateral security agreement with the Plaintiff, the maximum debt amount of 300,000,000 among the three floors of the above multi-household housing to ensure the performance of the obligation to transfer the ownership of one household among the three floors of the above multi-household housing to the Plaintiff; and the Plaintiff shall exchange the F and its ownership by cancelling the registration of the establishment of a mortgage (hereinafter “instant agreement”).

Accordingly, on February 12, 2008, the Plaintiff completed the registration of ownership transfer with respect to F housing to the designated parties C and D on February 12, 2008, and on June 11, 2008, the Plaintiff completed the registration of ownership transfer with respect to F housing at KRW 300,000,000 with the designated parties C, D, and D’s maximum debt amount to the Plaintiff.

E. After that, E completed the new construction of the above multi-household house, and completed the registration of preservation of ownership in its name with respect to each of its households on February 6, 2009.

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