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(영문) 의정부지방법원 2016.02.16 2014가합1949
부당이득금반환 또는 정산금지급
Text

1. The Defendant’s KRW 391,565,00 for the Plaintiff and KRW 5% per annum from June 4, 2015 to February 16, 2016.

Reasons

1. Presumed factual basis

A. The Plaintiff and the Defendant, as a form of a penalty, concluded a business agreement with the Plaintiff and the Defendant with the content of developing 2,758 square meters of C’s site (hereinafter “land 1”) and D large 2,053 square meters (hereinafter “second land”) located in the neighboring area of the area subject to housing site development in the Seocho-si in early 2002, in order to increase a reasonable market price. The Plaintiff and the Defendant concluded a business agreement with the content of developing each of the above land as a factory site or site (hereinafter “instant business agreement”).

B. On November 8, 2005, the Plaintiff concluded a sales contract with the content that the Plaintiff purchases KRW 3,309 square meters of E forest land (hereinafter “instant forest”) from F to purchase KRW 360,000,000, in Namyang-si, which is adjacent to land Nos. 1 and 2.

C. Of the instant forest land, on August 17, 2007, the registration of transfer of ownership in the Plaintiff’s name was completed on August 17, 2007, and on the remaining 1103/3309 shares, the registration of transfer of ownership in the Defendant’s name was completed on the same day.

On August 25, 2011, the Plaintiff sold 2206/3309 shares owned by the Plaintiff out of the instant forest to G. On the same day, the registration of transfer of ownership in the name of G was completed.

E. On July 10, 2015, the instant forest was divided into E forest land 1,103 square meters (hereinafter “E forest after division”) and H forest land 2,206 square meters (hereinafter “E forest after division”).

After the division, on July 15, 2015, the registration of ownership transfer under the name of the Defendant was completed with respect to the shares of 2/3 of G among the forest land E after the division, and after the division, E was the sole ownership of the Defendant, and after the division, the registration of ownership transfer under the name of the Defendant was completed with respect to the shares of 1/3 of H forest land among the forest land H after the division, H forest becomes the sole ownership of G.

F. After the division, the establishment registration of a mortgage was completed on July 24, 2015, consisting of the maximum debt amount of KRW 468,00,000,000, the debtor, the defendant, and the NongHyup Bank Co., Ltd.

G. Meanwhile, on June 25, 2012, the Plaintiff’s share of 1/3 of the forest land in the name of the Defendant among the forest land in this case as the Jung-gu District Court 2012Kadan27858.

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