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(영문) 창원지방법원진주지원 2015.10.28 2014가합1211
부당이득금반환
Text

1. The Defendant’s KRW 259,737,430 for the Plaintiff and the following: 5% per annum from June 17, 2014 to October 28, 2015 for the Plaintiff.

Reasons

1. Basic facts

A. On October 15, 2007, the Plaintiff purchased the land indicated in paragraph (1) of the attached Table Nos. 1 to 4 (hereinafter “each of the instant lands”) and completed the registration of ownership transfer under the name of the Plaintiff on October 15, 2007, on the ground that it was sold on October 15, 2007 under the receipt of No. 19381. 2) The Plaintiff purchased a title trust agreement with the Defendant, and completed the registration of ownership transfer under the name of the Defendant on December 5, 2007 by purchasing the land listed in Paragraph (2) of the attached Table No. 2 of the attached Table No. 1 to the Changwon District Court, Busan District Court, 22874 received on December 11, 2007.

3) The Plaintiff: (a) purchased a title trust agreement with the wife C on June 5, 2009; (b) completed the registration of ownership transfer under the name of Changwon District Court’s office of Busan District Court on June 8, 2009 as the receipt No. 7283 on the said land; (c) purchased the land specified in paragraph (4) of the attached Table on June 5, 2009, and completed the registration of ownership transfer under the name of the Plaintiff on the ground of trade as the receipt No. 7282 of the above registry office on June 8, 2009; and (c) on May 31, 2010, C completed the registration of ownership transfer for 168/100 of the land specified in paragraph (4) of the attached Table on May 31, 2010 under the name of the Plaintiff and the Defendant on May 31, 2010 as the receipt No. 6527, and completed the registration of ownership transfer between the Plaintiff and the Defendant.

1) In order to construct each building of this case on each land of this case, the Plaintiff and the Defendant should use the funds raised by the Plaintiff or a third party for the construction of each building of this case. The Plaintiff borrowed funds for the construction of each building of this case with the Plaintiff’s consent and used them as construction expenses for the construction of each building of this case.

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