(영문) 인천지방법원 2016.06.15 2015가합2917

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(영문) 인천지방법원 2016.06.15 2015가합2917

부당이득금반환

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On June 22, 2001, the Plaintiff borrowed KRW 50 million from the Defendant on June 22, 2001, and on January 29, 2002, on January 29, 2002, the Plaintiff completed the provisional registration of the Plaintiff’s right to claim for the transfer registration with respect to the Plaintiff’s share (hereinafter “the provisional registration of this case”).

(In practice, on June 28, 2001, the provisional registration of this case was completed on the real estate in this case under the name of the defendant, and the cancellation and establishment of provisional registration was repeated several times according to the circumstances of the plaintiff and C.

C on March 7, 2003, by additionally borrowing KRW 100 million from the Defendant, the Defendant issued the following agreements and a certificate of personal seal impression for real estate sale on March 6, 2003 in the name of the Plaintiff.

Written Agreement

1. On March 7, 2003, the provisional registration of the instant case includes KRW 10,00,000 and KRW 100,000,000,000 from the borrowed money immediately after the receipt of the balance of the borrowed money and the borrowed money, including KRW 1,00,000,000,000,

2. It promises to pay all of and interest on the borrowed money by the end of April with other funds, even though it has failed to receive any balance due to the permission for the rest area;

C. Around March 2004, the Plaintiff intended to sell the instant real estate to another person in order to prevent damages from occurring due to the sale of the instant real estate at the intermittent value, which had been forced to commence compulsory auction and decided to commence voluntary auction on the instant real estate. For this purpose, the Plaintiff demanded the Defendant to cancel the provisional registration of this case.

In the process, the plaintiff sent a content-certified mail to the defendant on August 14, 2004.

The receipt of a content certificate: The location of the obligation to repay the amount of obligation: The person entitled to provisional registration of Seosan-si, F (two parcels): The defendant's content: He wishes to resolve the repayment by sales contract (the amount of obligation is KRW 00,000) with respect to the land as follows:

3.2

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