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(영문) 인천지방법원 2020.07.21 2019나3875
부당이득반환
Text

The plaintiff's appeal is dismissed.

The plaintiff's primary and conjunctive claims expanded by this court are all dismissed.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant operated a joint business from April 1996 to June 2009 with the aim of printing, lottery, drawing management, etc. C (hereinafter “C”)’s share ratio of 5:5.

B. On June 15, 2004, the registration of transfer of ownership was completed on the land in the name of the Defendant on the following occasions with respect to the land E large 595 square meters (hereinafter “instant land”) owned by D (hereinafter “instant land”).

On the other hand, on April 7, 2004, KRW 50 million, KRW 50 million on May 10, 2004, KRW 50 million on June 7, 2004, and KRW 50 million on June 7, 2004 were deposited to D respectively in the name of the plaintiff.

C. On May 30, 2015, the Defendant sold the instant land in KRW 190 million to F, and completed the registration of ownership transfer on June 8, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 8, Eul evidence 7 to 9, the purport of the whole pleadings

2. The parties' assertion

A. (1) The Plaintiff, the primary cause of the claim, when the Defendant purchased the instant land, lent KRW 150 million to the Defendant, and the due date was determined as “when the Defendant sells the said land after the maturity”.

Since the Defendant sold the instant land to a third party on June 8, 2015, the Defendant is obligated to repay the said loan to the Plaintiff.

(2) (A) The Defendant purchased the instant land with C’s profits, resulting in which the Defendant first received dividends of KRW 150 million, and the Plaintiff did not have the opportunity to receive dividends, and the relationship of operation was terminated without having the opportunity to receive dividends.

Accordingly, the land of this case was jointly invested by the plaintiff and the defendant, and the defendant was to divide it according to the investment ratio at the time of sale in the future, so the plaintiff is obligated to return half of the purchase price of the land of this case to the plaintiff.

(B) (Preliminary and Selective Claim) The instant land is purchased with the funds of the Plaintiff and the Defendant’s partner, and completed the registration of ownership transfer in the name of the Defendant, and is 1/2 shares.

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