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(영문) 인천지방법원 2020.01.16 2018가단10257 (1)
부당이득금반환
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff) on 88,735.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. In fact, the Plaintiff, the Defendant, and the persons involved in the joint purchase of the above land were 6 members of the Plaintiff, the Defendant, the F, G, and H, the Plaintiff and G have formed one team, the Han Team, C and H, the Defendant, and F. Around December 2013, each team’s representative is the Plaintiff, the Defendant, and C. Around December 2013, the agreement was concluded under the Civil Act to purchase a forest of 6,400 square meters in Jung-gu Incheon Metropolitan City (hereinafter “land before the instant subdivision”) and to increase its value and distribute profits therefrom.

(D) The ratio of consolidation shall be 1/4, 2/4, c1/4). (b)

On January 7, 2014, the Plaintiff, the Defendant, and C purchased the land before the instant subdivision with the investment of the said union, and, in the name of registration, the Plaintiff and the Defendant decided to own 1/2 of each of the land before the instant subdivision, respectively, and completed the registration of ownership transfer under the name of the original Defendant on February 12, 2014 with respect to each of 1/2 shares.

C. On May 4, 2015, the instant land prior to the instant partition was divided into E-1,446 square meters of forest land (hereinafter “instant two real estate”); one thousand and six-3 square meters of forest land (hereinafter “instant three real estate”); and one thousand and six-3 square meters of forest land (hereinafter “instant three real estate”); thus, the land divided into three thousand and three hundred and forty-one square meters of forest land in Jung-gu, Incheon (hereinafter “instant one real estate”).

On January 9, 2017, the Defendant solely owned the instant 3 real estate by completing the registration of ownership transfer based on the partition of co-owned property as to the portion of 1/2 shares registered in the Plaintiff’s name among the instant 3 real estate.

On June 20, 2017, the Plaintiff, the Defendant, and the C shared each KRW 326,625,489, respectively, by taking out the instant real estate 1 and 2 as collateral and repaying the previous loans at the J Association, and by taking out the remaining KRW 100,000,000 after deducting other expenses, etc. from the remaining amount after leaving the remaining amount to pay interest.

At this time, C’s share was paid by H who was a de facto spouse at the time of C.

At the time, the interest on the loan accrued after the 100 million won deposit for the interest payment is all paid.

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