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(영문) 서울서부지방법원 2017.10.18 2016가단235278
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries and arguments set forth in Gap evidence 2 and 3 (including paper numbers):

On July 2009, the Plaintiff lent KRW 80,000,000 to the Defendant or KRW 85,000,000.

(Plaintiffs claim that they lent KRW 85,000,000, and the Defendant borrowed KRW 80,000.

Around December 2009, the Defendant: (a) sold D Apartment 109 and 402 (hereinafter “D apartment”) in the name of the Plaintiff’s birth, to another person; and (b) purchased and proposed D apartment 4 and 403 (hereinafter “E apartment”) in Yongsan-gu Seoul, Yongsan-gu, Seoul (hereinafter “E apartment”); and (c) was delegated with the authority to sell D apartment and purchase E apartment around January 2010.

C. The Defendant did not sell D apartment to another person, and purchased 280,000,000 won under the name of F as the wife (in lieu of the acquisition of lease deposit obligation), and entered into a contract on behalf of the Plaintiff to purchase E apartment between the owner of E apartment and the owner of E apartment (in lieu of the acquisition of lease deposit obligation), on behalf of the Plaintiff, 500,000,000 won (in lieu of the acquisition of lease deposit obligation).

However, the Defendant used only KRW 120,000,000, out of KRW 160,000,000, which deducts the security deposit from the purchase price of D apartment, as the purchase price of E apartment, and did not use the remainder of KRW 40,00,000 as the purchase fund, and did not return it to the Plaintiff.

E. On March 12, 2010, the Plaintiff completed the registration of ownership transfer for E apartment and received a loan of KRW 120,000,000 from a new bank as security (hereinafter “new bank loan”). Of the new bank loan, KRW 50,000,000 was used as a purchase price for E apartment among the new bank loan, and KRW 20,000,000 was remitted to the Defendant, and the remaining KRW 50,000 was remitted to G in relation to the purchase of H real estate under the name of G.

The defendant is as follows.

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