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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.06.26 2014나44830
부당이득금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff owned a Ri E Forest E, 398 square meters (hereinafter “instant land”). The Plaintiff owned a 26/873 square meters of land in the name of Dongcheon-si D Forest and D 873 square meters, and the Defendant owned a 201 commercial building on the ground (hereinafter “instant G building”) outside 201 square meters of land located in Sung-si, Sung-si, Chungcheongnam-si, Sungcheon-si, and the J owned a 1200/227283 square meters of K forest and 227,283 square meters (hereinafter “the instant land shares”).

B. On July 6, 2007, the Defendant, through his agent H, decided to exchange the shares of the instant G building and the instant land in Ansan-si owned by J on July 6, 2007. On July 11, 2007, the Defendant completed the registration of the transfer of shares in the Defendant’s name as to the shares of the instant land in Ansan-si.

C. On June 2008, the Plaintiff and the Defendant agreed to exchange the shares of the instant land and the instant land in Ansan-si. On July 17, 2008, the Plaintiff and the Defendant completed the registration of transfer of shares in the name of the Defendant on the ground of sale on July 15, 2008.

C. At the time of the port exchange contract, the purchaser of the share in the land was L at the time of the port exchange contract, but thereafter, the Plaintiff and the Defendant decided to change the purchaser to M, and completed the registration of transfer of M’s share in the land shares in the name of M on August 10, 2009.

[Ground of recognition] Facts without dispute, Gap evidence 6, 7 evidence, Eul evidence 1, 2, Eul evidence 6-1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff and the Defendant agreed to exchange the instant G-si land and the instant G-si commercial building. Accordingly, the Plaintiff completed the registration of ownership transfer of the instant G-si land under the name of the Defendant. However, upon the Defendant’s request, the Plaintiff and the Defendant changed the land subject to exchange to transfer the ownership of the instant G-si land instead of the instant G-si commercial building on June 2008.

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