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Reasons
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(영문) 서울고등법원 2014.09.18 2014나286
부당이득반환
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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant, who had been in the relationship between the parties and the joint purchase of real estate from around 1997, have been in the relationship between the parties and the Defendant, and around March 2003, according to the sequences stated in the C and the separate sheet as real estate brokers (hereinafter “each of the instant real estate”) or the separate sheet, “instant 1 to 7 real estate”.

(2) On March 12, 2003, the Plaintiff and the Defendant agreed to jointly purchase the sales amount of KRW 173,500,000 (=347,500,000) out of the sales amount until March 28, 2003, and the remainder of the sales amount of KRW 123,50,000,00 among the sales amount of KRW 173,50,000 (=347,000,000) was paid by the Plaintiff,50,000 among the sales amount of KRW 123,50,000 on behalf of the seller, and the remainder of the sales amount was paid by the Defendant.

3) After that, on April 3, 2003, on the grounds of the instant sales contract, the Defendant and C as co-owners of 1/2 shares with respect to the instant real estate, and as to the instant 6 and 7 real estate, the Defendant completed the registration of ownership transfer under their own name. The transfer process of the registration title concerning each of the instant real estate is as follows. The date of the registration title transfer (the first owner) ownership transfer date (the registration title holder of ownership transfer as the cause of the registration title) of real estate (the ownership transfer

1. E (L) 1/2 equity on April 3, 2003 (Sale on March 28, 2003) Defendant 1 (Sale on June 13, 2005) M on June 13, 2005 (Sale on May 10, 2005) Plaintiff 1/2 equity on May 7, 2009 (Agreement on June 23, 2006) Plaintiff 1/2 equity on April 3, 2003 (Sale on March 28, 2003) C C C on June 13, 2005 (Sale on May 12, 2005)

2. F (N) 1/2 shares on April 3, 2003 ( Trading on March 28, 2003) Defendant 3 M on June 13, 2005 ( Trading on May 10, 2005) Plaintiff 1/2 shares on May 7, 2009 (Agreement on June 23, 2006) Plaintiff 1/2 shares on April 3, 2003 (Sale on March 28, 2003) C C on June 13, 2005 (Sale on May 12, 2005)

3. G (O) 1/2 shares on April 3, 2003 (trade on March 28, 2003) Defendant 13, 2005.

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