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(영문) 대구지방법원 2018.04.17 2017가단122885
부당이득금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 327,520 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s objection thereto from October 1, 2009 to April 17, 2018.

Reasons

1. Basic facts

A. On February 3, 2004, the Plaintiff purchased Daegu-gun District Court 232 square meters (hereinafter “C”) and D 181 square meters (hereinafter “1 land”) and completed the registration of ownership transfer. On July 29, 2004, the Plaintiff purchased E 694 square meters (hereinafter “2 land”) and completed the registration of ownership transfer.

B. The Defendant purchased F.F. 409 square meters (hereinafter “third land”), and completed the registration of ownership transfer in the name of the Plaintiff on October 19, 2004 under consultation with the Plaintiff.

C. Upon the request of the deceased G and the Defendant, the Plaintiff, who was her husband, obtained a loan of KRW 120,000,000 from the Sunggu Agricultural Cooperative (hereinafter “first loan”). The deceased G and the Defendant invested KRW 60,000,000 each of the above loans to H, and the Defendant transferred KRW 310,000,000 interest on KRW 60,000 to the account in the name of the Plaintiff every month.

On November 26, 2007, the Plaintiff received additional loans of KRW 30,000,000 from sexual agricultural cooperatives as joint collateral (hereinafter “second loan”) with the land and land Nos. C on November 26, 2007 upon the Defendant’s request, and remitted KRW 29,70,000 to the Defendant on November 26, 2007.

E. On April 8, 2008, when the Plaintiff agreed on each of the above land to the Daegu Urban Corporation, which is a project implementer, on April 2, 2008, it received KRW 640,621,920 in the aggregate of KRW 25,713,40 in the amount of land compensation, including KRW 430,058,320 on April 2, 2008, KRW 18, April 108, KRW 10,563,60 on May 7, 2008, and KRW 640,621,92, and KRW 660 in the aggregate of KRW 25,790 in the amount of land compensation and KRW 3,790, and KRW 680 in the amount of land compensation.

F. On April 3, 2008, the Plaintiff repaid the principal of the loan No. 120,000,000 and interest 130,191 as the above compensation. The Plaintiff repaid the principal of the second loan No. 30,000,000 and interest 43,726 won. The Plaintiff paid the Defendant KRW 100,000,000 on May 2, 2008, and KRW 57,960,000 on July 30, 2008, respectively.

G. Meanwhile, the Plaintiff’s acquisition of land, etc. for public works and compensation therefor.

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