(영문) 수원지방법원안양지원 2015.01.20 2014가단14090

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(영문) 수원지방법원안양지원 2015.01.20 2014가단14090

부당이득금 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 18, 2007, the Plaintiff entered into a sales contract with Won U.S. Co., Ltd. (hereinafter “U.S.”), setting the sales amount of KRW 50,000,000 (hereinafter “the instant real estate sales contract”) as KRW 661/2 of the shares in the land-based D with the wife population D (hereinafter “the instant real estate”) owned by the Nonparty Company, with respect to the purchase price of KRW 50,000,00.

B. On May 10, 2007, the Plaintiff paid the sales price to the non-party company in accordance with the instant sales contract, and completed the registration of ownership transfer with the head of Suwon District Court Receipt Office of 108389 on the portion of 661/2 of the instant real estate.

C. On April 20, 2007, immediately after the conclusion of the instant sales contract, Nonparty Company registered the creation of the right to collateral security (hereinafter “instant right to collateral security”) with the maximum debt amount of KRW 700,000,00, and the mortgagee E and the obligor with the Nonparty Company. On December 1, 2009, Nonparty Company was voluntarily decided to commence the auction of the instant real estate with the Suwon District Court F.

On July 24, 2012, the auction procedure for the instant real estate was in progress, and the registration of ownership transfer was completed under the name of Glbco Korea Co., Ltd. for the reason of sale due to a voluntary auction.

[Ground for Recognition] Unsatisfy, Gap 1 to 4 each entry

2. The assertion and judgment

A. The plaintiff's assertion that the defendant was an employee of the non-party company that entered into the sales contract of this case with the intention of acquiring KRW 50,000 from the plaintiff from the beginning. The non-party company and the defendant concluded the sales contract of this case for the purpose of acquiring 50,000,000 from the plaintiff. It received large amounts of loans from E before completing the registration of ownership transfer, and committed a tort for completing the registration of ownership transfer of this case. The plaintiff lost ownership of 661/2 of the real estate of this case due to auction conducted by the collateral security of this case.

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