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(영문) 광주지방법원 2016.11.03 2012가합10180
부당이득금 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the deceased C’s living relationship became aware of the network C (hereinafter “the deceased”). around 1985, around 1985.

The Deceased engaged in a construction business, such as G and H, in operating a construction business entity, and engaged in lending and Moel construction business. In order to avoid restrictions on the lending limit, there were many cases where the Deceased’s real estate was loaned under the name of the Plaintiff or the Deceased’s real estate was trusted in trust to the Plaintiff. The Deceased also tried to work related to the deceased’s business

As the plaintiff and the deceased have accumulated a second trust, two persons began living together, and they were living together around that time and in de facto marital relationship from December 2007.

B. 1) On August 12, 1999, the deceased purchased 1 large 317 square meters from Nonparty J, etc. on August 12, 199, and completed the registration of ownership transfer in the name of Nonparty K, who is a partner on September 7, 1999. On February 18, 2000, after K withdraws from the same business relationship, the deceased completed the registration of ownership transfer in the name of the Plaintiff. On April 20, 200, the deceased shall complete the registration of ownership transfer in the name of the Plaintiff on April 20, 200. The deceased shall be the accommodation facilities with the 1st underground floor and the 6th ground floor on the above ground (hereinafter “Lel”).

(2) On June 24, 2002, the deceased newly constructed and completed registration of ownership preservation in the name of the plaintiff. On June 24, 2002, the deceased sold Lmotour and its land to the non-party M. (2) The deceased purchased the Nmoto 398 square meters from May 25, 200 to October 10, 200 and completed registration of ownership transfer in the name of the deceased.

On November 10, 200, the deceased newly constructed the amusement facilities and accommodation facilities (hereinafter “Oel”) of the size of the first and seventh stories underground and that of the seventh stories above the ground on the ground of Nanman 398 square meters on the ground, and completed the registration of preservation of ownership in the name of the deceased.

On June 14, 2004, the Deceased sold Oel and its land to P.

3. On December 10, 2001, the Deceased concluded a sales contract to purchase the price of KRW 190,000,000,000 between Q and Jeonjin-gun, Gangnam-gun, Seoul. The deceased exceeded the limit of loans extended by financial institutions during the process of new construction of the Lelto and Oel.

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