(영문) 부산지방법원동부지원 2015.11.12 2015가단6045

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(영문) 부산지방법원동부지원 2015.11.12 2015가단6045

부당이득금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff asserted that on March 7, 2001, the plaintiff borrowed KRW 150 million from the defendant as the end of September 2001 at the due date. In order to secure the above loan, the plaintiff transferred the ownership of the Ulsan C's land as security for transfer to D designated by the defendant.

Since the Defendant sold the above land at KRW 400 million on March 23, 2010, the Defendant is obligated to return to the Plaintiff the remainder of KRW 106,404,200, which remains after deducting the principal and interest of the above loan from KRW 400,000,000, the sum of the seized tax, and KRW 293,595,80,000.

Meanwhile, the Plaintiff offered the above land to the Defendant and claimed that the Defendant was not able to receive the above loan despite the full repayment of the above loan, and paid 30 million won to the Defendant at least seven times.

Therefore, the defendant is obligated to return the above KRW 30 million to the plaintiff upon unjust enrichment, mistake, or revocation by deception.

2. Determination as to the cause of claim

A. Fact 1) The Plaintiff received respectively KRW 20,00,000 on February 14, 2001 and KRW 80,000 on March 7, 2001 from the Defendant for the purpose of investment, and received respectively from the Defendant as of September 2001, and KRW 150,000 (hereinafter “instant contract amount”).

2) On June 3, 2002, in order to secure the agreement amount, etc. of this case, the right to collateral security against the creditor was established as the defendant with respect to the fourth floor of the 4th floor of the 501, the 501, the 507th floor of the 507th floor of the 507th, Busan-gun G201, the 500,000 won of the maximum debt amount, and the 507th floor

(C) On June 8, 2002, in order to secure the instant contract amount, etc., the Plaintiff owned by the Plaintiff on June 8, 2002 (hereinafter “instant land”). Meanwhile, on June 8, 2002, the Plaintiff is deemed to be the Ulsan-gun, Ulsan-gun, Ulsan-gun, the Plaintiff’s forest land

(4) On May 2004, the Plaintiff was guilty of fraud regarding the instant agreed amount upon the Defendant’s complaint.

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