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(영문) 광주지방법원 해남지원 2018.01.17 2017가합3325
부당이득금
Text

1. The Defendant’s KRW 148,961,486 as well as the Plaintiff’s annual rate from October 8, 2015 to January 17, 2018.

Reasons

1. Basic facts

A. In around 2002, the Plaintiff, Defendant, and C purchased the land in the name of the Defendant and agreed to sell the land in the name of the Defendant, and distribute the profits therefrom equally. The Plaintiff, Defendant, and C agreed to sell and distribute the land in the name of the Defendant, namely, the land of the said five parcels of land.

B. Accordingly, the Plaintiff, the Defendant, and C purchased each of the instant land at KRW 29.4 billion by responding to the above auction procedure under the name of the Defendant, and around that time, completed the registration of ownership transfer with respect to each of the instant land in the name of the Defendant.

At this time, the Plaintiff, the Defendant, and the C obtained a loan of KRW 165,00,00 from the Youngdong Community Depository in the name of the Defendant as security, and appropriated the respective land for the purchase price, and the remainder of the purchase price, taxes, and other procedural costs were divided into equal rates between the Plaintiff, the Defendant, and C.

C. In around 2009, each of the instant lands was composed of 1,249 square meters in Jeonnam-nam-si, J-si, 2,108 square meters, 7 square meters in J-si, 45 square meters in L, M-si, 7 square meters in M-si, 602 square meters in total, and 2,963 square meters in total.

On July 1, 201, the Defendant sold 71,40,000 square meters and 2,963 square meters prior to the previous JJ on July 1, 201, to Hanrereg Construction Co., Ltd.: (i) on April 6, 201, (ii) on April 6, 2013, in KRW 11,50,000; (iii) on September 8, 201, HW 1,249 square meters for KRW 506,00,000 (Provided, That this includes 18,20,000,000 won for PP land owned by the Defendant as seen in the attached Table 4; and (iv) on each of the above land, the Defendant sold the sale price of KRW 129,50,000,000,000 for each of the above total purchase price under the name of Hanreg Construction Co., Ltd.; (iii) around that time, each of the above total purchase price was received KRW 1,29,500,0000,000.

Ultimately, the Defendant disposed of the entire land of this case, excluding 602 square meters prior to N.N.

[Grounds for recognition] Nos. 1, 2, and 3 are numbers.

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