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(영문) 인천지방법원 2019.05.02 2018가단27101
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 60 million and the interest rate of KRW 15% per annum from August 14, 2018 to the date of complete payment.

Reasons

1. Facts of recognition;

A. In Gyeyang-gu, the owners of the aggregate building C on the ground (hereinafter “the aggregate building of this case”) established an association to remove and reconstruct the instant aggregate building.

B. The Plaintiff decided to purchase the instant aggregate building E (hereinafter “instant building”) owned by D in the name of the Defendant in order to receive an order for reconstruction construction of the instant aggregate building, and the Defendant consented thereto.

C. On June 18, 2015, a sales contract of KRW 210 million was concluded on the instant building (hereinafter “instant sales contract”).

Of the purchase price, KRW 60 million was borne by the Plaintiff respectively by the Defendant, and the remaining KRW 130 million was appropriated for bank loans. D.

On July 30, 2015, the Defendant completed the registration of ownership transfer concerning the instant building on the ground for registration of the instant sales contract.

E. On August 11, 2015, the Plaintiff and the Defendant confirmed that “the instant building was registered and transferred in the name of the Defendant to facilitate the reconstruction, and that the ownership of real estate and the status of the union members following the loan reconstruction project are the Plaintiff.”

F. After completion of reconstruction of the instant aggregate building, the instant building was changed to Flue G (hereinafter “instant G”) located in Mayang-gu, Mayang-gu, Annyang-si, Annyang-si, and registration of preservation of ownership was completed on May 18, 2017 in the name of the Defendant.

G. On August 25, 2017, the Defendant sold the instant subparagraph G to H and I for KRW 280 million without the Plaintiff’s consent, and completed the registration of ownership transfer to the buyer on October 10, 2017.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3 evidence, Eul's 3 and 5 evidence (including Serial number), the purport of the whole pleadings

2. Determination as to the cause of action

A. A. Legal doctrine permits a person to purchase real estate through another person’s name and in the name of another person, the purchaser and the ownership transfer registration.

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