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(영문) 서울서부지방법원 2015.09.14 2014가단232411
부당이득금
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff purchased a land of 976m2 (hereinafter “pre-division”) in Taean-gun, Chungcheongnam-gun, Chungcheongnam-do prior to subdivision, and completed the registration of ownership transfer in the name of father D.

B. On March 17, 1999, a real estate sales contract (No. 3 certificate; hereinafter the same shall apply) was formulated between the Plaintiff and the Defendant, which determined the purchase price as KRW 176,00,000 with respect to the land before subdivision.

C. In addition, a real estate sales contract was prepared on April 1, 1999, stating that the purchase price for the land before subdivision between the Plaintiff and the Defendant was KRW 75,00,000, and accordingly, the Defendant completed the registration of ownership transfer on the land before subdivision on May 11, 1999.

Around July 25, 2005, the land before subdivision was divided into the C, 705 square meters and E large 271 square meters (hereinafter “instant land”).

E. Thai-gun paid 107,045,000 won to the Defendant on July 10, 2005, and acquired the instant land through consultation.

[Ground of recognition] In the absence of dispute, Gap evidence 1-1-3, Gap evidence 2-3, Eul evidence 5-5, fact inquiry results against Chungcheongnam-gun, and the purport of the whole pleadings

2. Judgment on the main claim

A. On March 30, 1999, the Plaintiff asserted that the Plaintiff sold to the Defendant the remainder of 705 square meters (al.e., approximately KRW 213 square meters) excluding approximately 271 square meters (al., approximately 82 square meters) that was scheduled to be expropriated as a fire-fighting road among the land before subdivision as KRW 149,000 per square meter.

On May 3, 1999, the Plaintiff received 9,000,000 won as down payment from the Defendant, and paid 1,000,000,000 won to F as the referral fee, and the remainder of 8,000,000 won was deposited in the Plaintiff’s passbook. The Defendant received the remainder of 140,000,000 won from the Defendant.

Since it was difficult for the Plaintiff to specify 271 square meters (al. 82 square meters) excluded from the object of sale at the time, the Plaintiff completed the registration of ownership transfer to the Defendant on the whole land before subdivision, and the Defendant is about 271 square meters (al. 82 square meters).

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