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(영문) 인천지방법원부천지원 2019.05.10 2017가단118171
부당이득반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 14, 2015, A filed a petition for bankruptcy with the Incheon District Court 2015Hadan3670, and the said court declared A bankrupt on October 15, 2015 and appointed the Plaintiff as the bankruptcy trustee.

B. Meanwhile, on April 29, 2000, the Defendant, the wife of A, entered into an apartment supply contract with the purport that he will purchase the apartment in the attached Form (hereinafter “instant apartment”) in KRW 109,00,000, and completed the registration of ownership transfer on November 21, 200 with respect to the said apartment.

C. A and E (Defendant's words) have resided in the above apartment from the time when the Defendant purchased the apartment of this case until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply), part of the defendant's personal examination result, the purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) In full view of the following facts acknowledged by Gap's evidence Nos. 1, 4, 6 through 8, Eul's evidence Nos. 5 through 16, Eul's witness F testimony, and the whole purport of the pleadings in the order to submit financial transaction information to a company bank, the defendant concluded a title trust agreement with G and concluded an apartment supply contract and completed the registration of transfer of ownership. (A) The defendant stated the Handphone number number used by A in the buyer's contact address in the apartment supply contract of this case.

B) The Defendant asserts that the instant apartment purchase price of KRW 19 million (the contract amount of KRW 10 million, intermediate payment of KRW 38 million, the remainder of KRW 61 million, and the remainder of KRW 61 million) was not submitted. C) The Defendant leased the instant apartment to E by setting the lease deposit amount of KRW 60 million, but E did not obtain a fixed date on the lease contract. However, the Defendant and E did not increase the lease deposit for more than 17 years from November 200 to February 201.

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