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(영문) 서울동부지방법원 2019.03.29 2018나24358
부당이득금 반환
Text

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

Expenses for appeal shall be borne individually by each person.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On March 12, 2010, the Plaintiff entered into a contract with the Defendant to exchange the land D (hereinafter “instant land”) owned by the Defendant and the land E, F, and its ground (hereinafter “instant real estate”) owned by the Defendant on behalf of the Plaintiff C, on condition that C succeeds to the lease deposit repayment obligation with respect to the instant real estate and the collateral security obligation with respect to G agricultural cooperatives without any condition (hereinafter “instant exchange contract”).

B. On February 18, 2009, on the instant real estate, the establishment registration was completed over the maximum debt amount of KRW 390,000,000 against GFE, and the deposit to be refunded to many lessees was exceeded KRW 430,00,000.

C. The instant land was registered on March 25, 2010 by reason of the sale on March 12, 2010 (the transaction value of KRW 10,000,000), and the Defendant’s transfer registration of ownership in H was made on October 8, 2010 on the same day.

The instant real estate was registered on April 6, 2010 by reason of the sale on March 19, 2010, and each transfer registration was filed with N on July 2, 201 with J on January 26, 201, with K on November 10, 201, with L, M, and on May 23, 2017.

E. The Defendant filed a complaint on the charge of fraud on the ground that the Plaintiff, C, and I did not accept KRW 300,000,000 as a collateral obligation against G agricultural cooperatives in violation of the instant exchange agreement, and the Defendant did not act as a bad credit for the Defendant.

In the course of the investigation, the Plaintiff and the Defendant on November 10, 2010, and the Plaintiff agreed to the effect that “the Plaintiff is fully responsible for the Defendant’s obligation to the G Agricultural Cooperative and pays KRW 20,000,000 to the Defendant as compensation for damages, and the Defendant shall immediately transfer the instant land ownership to the Plaintiff and revoke the said criminal complaint against the Plaintiff.”

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