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(영문) 서울고등법원 2014.09.05 2013나66678
청구이의
Text

1.The part concerning the principal lawsuit in the judgment of the court of first instance shall be modified as follows:

Defendant Counterclaim (Counterclaim).

Reasons

1. The reasons why this Court uses this part of the basic facts are as follows. Each “U.S. District Court” shall be deemed as “U.S. District Court”; “14 No. 9 of the first instance judgment” shall be deemed as “14, 27 of the first instance judgment (including branch numbers, if any; hereinafter the same shall apply)”; “14, 27 of the first instance judgment” shall be deemed as “14, 27 of the first instance judgment; and the part of the third 19 or 4 of the third 19 of the first instance judgment shall be deemed as follows; therefore, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[C] On May 29, 2006, the part of the compensation for land was changed and sold to the Korea National Housing Corporation on May 29, 2006, after the division, 439/729 shares of the N in Mapo-si after the division, 439/729 shares of the H in Mapo-si M after the division, and 439/729 shares of the land in Mapo-si after the division (the above land and shares are collectively referred to as "each land in this case"). On the same day, 78,329,00 won for the N in Mapo-si after the division from the Korea National Housing Corporation as the compensation for the land, 90,76,040 won for the shares in 439/729 shares of the H in Mapo-si after the division, and 137,416,150 won for the shares in 439/729 shares of the land in Mapo-si-si (hereinafter referred to as "the compensation in this case").

(1) " was paid..."

2. Demand for principal lawsuit:

A. The gist of the Plaintiff’s assertion is that the Plaintiff donated the G land in the Gunpo-si prior to the subdivision and the H land in the Gunpo-si prior to the subdivision to the Defendant for the purpose of evading taxes, etc. As such, the owner of each of the above lands is the Plaintiff, and as long as the owner of each of the above lands is the Plaintiff, there is no room to establish an exchange contract claiming by the Defendant. Therefore, the Defendant’s purchase and sale of each of the above lands to the Korea National Housing

Therefore, the defendant is obligated to return money equivalent to the compensation of the land of this case to the plaintiff as unjust enrichment, and even if so, the plaintiff against the defendant.

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