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(영문) 의정부지방법원 2018.12.12 2017가합56612
부당이득금
Text

1. The instant lawsuit shall be dismissed.

2. Costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 26, 2009, the Plaintiff and the Defendant entered into a real estate exchange agreement (hereinafter “instant exchange agreement”) with the Plaintiff to transfer ownership of “1 parcel and its ground telecom with the Defendant,” and the Defendant transferred ownership of 2,000 square meters of “2,00 square meters (hereinafter “instant land”) out of the G share on “20,694 square meters of forests and fields Franchi-gun, Chungcheongnam-gun, Chungcheongnam-do,” to the Plaintiff (hereinafter “instant land exchange agreement”) and additionally pay KRW 90,00,000 to the Plaintiff.

Meanwhile, at the time, the Defendant entered into a contract with H, the actual owner of the instant land, to purchase the instant land in KRW 70,000.

B. On November 9, 2009, the Plaintiff received KRW 90,000,000 from the Defendant, and completed the registration of ownership transfer for EM. However, the Defendant sold EM to a third party and completed the registration of ownership transfer on April 27, 2015.

C. While the Plaintiff had not been transferred the ownership of the instant land from the Defendant, the Plaintiff urged the Defendant to pay KRW 300,000,000, which is equivalent to the value of the instant land, if the procedures for the registration of ownership transfer are implemented or it is impossible to implement such procedures until December 15, 2011.

On December 16, 2011, between the Plaintiff and the Defendant, the following:

1) A was drawn up, and the instant exchange contract was accompanied by the foregoing performance angle. 1. A (the Defendant)

(ii)and B (referring to the plaintiff);

A) At the time of October 21, 2009, there was a fact that the Plaintiff intended to trade or exchange 200 square meters out of D, and one parcel and one share in the F (Preservation Management Area) G, Chungcheong-gun, Chungcheong-gun. 2. Each real estate to be sold and sold was unable to be implemented in the same manner as the attached real estate agreement attached thereto for each real estate to be sold and sold. The F (Share in the Preservation Management Area G) of the Chungcheong-gun, Chungcheong-gun, Chungcheong-gun, as the Party A implemented.

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