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(영문) 수원지방법원 안산지원 2018.11.08 2016가합8722
부당이득금
Text

1. Of the instant lawsuit, the part on the claim for 150,000,000 won and damages for delay shall be dismissed.

2. The plaintiff's remainder.

Reasons

1. Basic facts

A. On June 19, 2015, the Plaintiff transferred KRW 150,000,000 in total to the Defendant’s deposit account on two occasions, and on November 20, 2015, the Plaintiff transferred KRW 200,000,000 in total to the deposit account in the name of three law firms on two occasions.

B. On October 2, 2015, the Defendant entered into a sales contract with C to purchase KRW 366,730,000 of the price of KRW 571 square meters (hereinafter “instant land”) for the amount of KRW 571 square meters (hereinafter “instant land”). The Defendant completed the registration of ownership transfer on December 4, 2015.

C. On October 30, 2015, the Defendant concluded a sales contract with the purport to purchase 12/19 shares in the instant land from E in KRW 1,153,170,000, and completed the registration of ownership transfer on December 28, 2015.

On April 19, 2016, the Defendant completed the registration of ownership transfer in F with respect to the shares of 16/19 of the instant land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply)

2. The parties' assertion

A. On June 19, 2015, the Plaintiff lent KRW 150,00,00 to G by means of remitting 150,000 to a deposit account in the name of the Defendant, the wife of G. On November 20, 2015, the Plaintiff loaned KRW 200,000 to G by means of remitting KRW 350,000 to a deposit account in the name of the law firm, upon receipt of a request from G for purchase of the instant land from G, and remitting KRW 2,00,00 to G. On the other hand, the Plaintiff had a loan claim of KRW 16,589,815,40,00 in total, with the purchase price and acquisition tax of KRW 16,19,00 in the instant land, and the Defendant was obligated to pay KRW 659,5815,40,000 in total, excluding the remainder of KRW 930,00,00 in loans from G.

(2) Preliminaryly, the defendant may know such circumstances in accordance with the G and the title trust agreement.

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