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(영문) 청주지방법원 2017.06.23 2016나11487
매매대금
Text

1. All of the plaintiff's lawsuits that were changed in exchange in this court against the defendants are dismissed.

2. Action.

Reasons

1. On September 2008, the Plaintiff and H agreed to acquire the ownership of the building and the G building in the Cheongju-gu Seoul Metropolitan Government and remodel them into “L” and distribute investment profits by selling them in lots.

(hereinafter “instant agreement”). The Plaintiff and H completed the registration of ownership transfer under the name of the Defendants, which are the branches of G Building 201, 102, 105, and 101, and the Defendants were to use it as business funds.

Accordingly, the plaintiff and F (H's denial) are owners of 201, 102, 105, and 101 of the G Building, and the plaintiff and F (H's denial) completed the registration of transfer of ownership by preparing a contract to sell 201 units to defendant B, 102 units to defendant C, 105 units to defendant D, 101 units to defendant E and completing the registration of transfer of ownership.

The Plaintiff paid value-added tax according to the sales contract, and the Defendants are as indicated in the “date of refund” and “amount of refund” in the attached Table.

In addition, the sum of the 91,604,545 won attached Table 91,604,545 won, and the sum of the remaining parts, excluding those recorded in the acceleratoral background.

B arbitrarily used the Plaintiff and H without returning it.

The amount of voluntary use by each of the Defendants is KRW 33,700,000 for Defendant B, KRW 13,200,000 for Defendant D, KRW 32,000 for Defendant E, and KRW 12,596,990 for Defendant C.

A contract in which the Defendants bought each head office is invalid as a pre-agreement, false or bilateral title trust for the purpose of lending.

The Defendants received a refund of value-added tax paid by the Plaintiff without any legal ground and obtained profits by arbitrarily using some of them (illegal gains) and returned the full amount of value-added tax, but embezzled by arbitrarily using some of them.

(A) Therefore, the Defendants are liable for damages arising from the return of unjust enrichment or illegal acts to the Plaintiff, a 1/2 share holder of each defense room, and the amount of voluntary use by each of the Defendants is 1/2.

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