logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.06.14 2017나115277
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The registration status of forest land located in Sung-nam-si is 1) 20,017 square meters of D forest land located in Jung-gu, Jung-gu, Seongdong-gu, Sungnam-si (hereinafter “instant forest”).

On January 23, 1998, the registration of the transfer of ownership was completed on the ground of “the successful bid through voluntary auction on December 23, 1997” (see evidence 10. 2) with respect to the forest of this case on August 28, 2002, the registration of the creation of a neighboring mortgage with the debtor, the defendant, the maximum debt amount of 196,000,000, and the registration of the creation of superficies with respect to the whole forest of this case 30 years, respectively.

(hereinafter “Registration of creation of mortgage, etc. of this case”) B.

On December 20, 2003, the Defendant: (a) prepared a statement of performance (Evidence A 2-1) stating that “The actual owner of the instant forest (the area of the instant forest shall be 6,050 square meters) is the Defendant himself; and (b) promised that the Plaintiff will register the amount of 1,000 square meters of the instant forest as shares after the Plaintiff,” and delivered it to the Plaintiff on May 14, 2008, that the Plaintiff jointly purchased the land located in Ischeon-si (e.g., E, 4,628 square meters of land) from the Plaintiff to the Plaintiff on December 14, 2008; (c) the Defendant paid the Plaintiff KRW 70,00,000 to the Defendant; and (d) the Plaintiff would sell the said land to the Defendant and embezzled the proceeds thereof to the Plaintiff; and (d) the Plaintiff did not file a criminal complaint with the Defendant on the ownership transfer of the instant forest to the Plaintiff; and (e) the Plaintiff did not transfer the ownership transfer of the instant forest to the Plaintiff.

(See Evidence A Nos. 1, 5, and 6). 3 The defendant will transfer the registration after changing the 1,000 square meters out of the forest of this case to the address meeting the terms and conditions of land transaction permission by the plaintiff.

In the middle of this year.

arrow