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(영문) 대전지방법원홍성지원 2016.06.02 2015가합1021
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 2010, the Plaintiff purchased KRW 287,000,000 from the Defendant for purchase of KRW 1697,000,000,000 from Chungcheongnam-gun budget C Forest (hereinafter “instant land”) and paid the Defendant KRW 287,00,000 from December 20, 201 to February 14, 201.

B. On December 21, 2010, the Plaintiff acquired ownership of 1019/874 shares out of the instant land (hereinafter “acquisition of the primary share”), and on February 8, 2011, acquired ownership of the remaining 775/874 shares out of the instant land (hereinafter “acquisition of the secondary share”).

On the other hand, the defendant was delegated by the plaintiff to report the transaction of the land in this case. The defendant reported the transaction value related to the acquisition of the first share to the competent authority as KRW 1223.2 million, and the transaction value related to the acquisition of the second share as KRW 56.6 million, respectively, and the transaction value reported as to the acquisition of the second share is stated in the real estate registration register of the land in this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1-1, 2-2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) although the actual transaction value of the land of this case was KRW 287 million, the defendant voluntarily reported to the competent authority without the plaintiff's consent to lower the transaction value of the land of this case (i.e., KRW 123,200,000,000,000,000,000 won related to the acquisition of the second ownership (i.e., KRW 56,000,000,000,000). The defendant's tort caused damage to the plaintiff when selling the land of this case to a third party, which is 287,000,000,000 won, the actual transaction value of the land of this case, which is KRW 22,891,757,000,000,000,0000,000,0000,000,000 won.

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