(영문) 인천지방법원 2014.12.12 2013가단84659

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(영문) 인천지방법원 2014.12.12 2013가단84659

부당이득금반환

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1. Preliminary Defendant: KRW 22,500,000 and 5% per annum from March 1, 2014 to December 12, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. A. Around April 22, 2008, the conjunctive Defendant entered into a contract with the primary Defendant to purchase the purchase price at KRW 1,240 square meters of land, E forest land, 1,069 square meters of forest land, F forest land, and 5,882 square meters of land owned by the primary Defendant (hereinafter referred to as “instant land,” each of which is referred to as “G-land,” and paid the purchase price at KRW 80 million. However, the registration of ownership transfer was not completed in the name of the primary Defendant.

B. On November 21, 2008, the Plaintiff and the conjunctive Defendant agreed to exchange the instant land, which was purchased from the primary Defendant and exercised real ownership (hereinafter “instant exchange contract”), between the conjunctive Defendant and Hju Complex Apartment apartment Nos. 205 (hereinafter “instant housing”) owned by the Plaintiff, and the primary Defendant purchased from the primary Defendant. The main content is as follows.

The plaintiff shall additionally pay to the preliminary defendant KRW 25 million equivalent to the difference between the house of this case and the land of this case.

The instant housing and the instant land are permitted to be used prior to the transfer of the registration of ownership.

C. On the other hand, the instant exchange contract contains the primary defendant, who is the owner of the instant land. However, the name of the primary defendant was stated together, and the primary defendant's seal is not affixed, and only the primary defendant's seal is affixed.

The Plaintiff paid KRW 22.5 million to the Defendant on the date of concluding the instant exchange contract as contract deposit.

E. On November 2008, the Plaintiff conducted a survey on the division of the instant land around the end of November, 2008, on the basis that the Plaintiff permitted the use of the instant land in the instant exchange agreement, and conducted the livering of trees (in order to assist the growth of trees and trees trees) on the instant land on the beginning of December 2008.

F. After the instant exchange contract, E land and F.

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