(영문) 광주지방법원 2015.10.23 2014가합7034

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(영문) 광주지방법원 2015.10.23 2014가합7034

부당이득금반환

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1. The Plaintiff:

A. Defendant B: (a) with respect to KRW 181,683,821 and KRW 153,147,580 among them, Defendant B shall be from October 15, 2014; and (b) shall be 28,536.

Reasons

1. Basic facts

A. Defendant B is the former owner of each real estate listed in the separate sheet Nos. 1 through 26, and Defendant C is the former owner of each real estate listed in the separate sheet Nos. 27 through 29 (hereinafter referred to as “each real estate of this case”, and where a specific need exists, the pertinent order shall be specified). The Defendants are married.

B. On March 10, 2010, the Plaintiff entered into a sales contract with Defendant B with the purchase price of KRW 340 million with respect to each of the instant real estate (hereinafter “instant sales contract”), and agreed that KRW 280 million out of the purchase price of KRW 340 million shall be paid actually by the Plaintiff, and the remainder of KRW 60 million shall be paid KRW 68 million by the Plaintiff’s acceptance of the loan obligations from Pyeongtaek-dong Agricultural Cooperative (hereinafter “Seoul Agricultural Cooperative”) on the security of Defendant B’s real estate, and KRW 8 million (=68 million-60 million) shall be paid to the Plaintiff, and the security or seizure established with respect to each of the instant real estate shall be cancelled before the delivery of each of the instant real estate.

C. The Plaintiff paid to the Defendants a total of KRW 280 million from March 2, 2010 to May 27, 2010, with the purchase price for each of the instant real estate. As to the instant real estate 1 through 26, Gwangju District Court Naju District Court No. 19793, Jul. 13, 2010; as to the instant real estate 27 through 29, the Plaintiff completed the registration of ownership transfer as the receipt of No. 19703, Jul. 12, 2010, and received delivery of each of the instant real estate.

On May 31, 2011, the Plaintiff lent the said money to Defendant C by way of repaying the debt amount of KRW 46,072,603 against Gwangju Bank Co., Ltd. on behalf of the Plaintiff. On June 2, 2011, the Plaintiff received from Defendant C a refund of KRW 38 million in total, KRW 10 million on July 4, 201, KRW 10 million on November 5, 201, KRW 500,000 on November 5, 201, and KRW 38 million on March 15, 2012.

[Ground of Recognition] Unsatisfy, Gap Nos. 1, 3, and .

유사 판례

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