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Reasons
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(영문) 울산지방법원 2016.02.17 2015가단52878
부당이득금
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1. The Defendant’s KRW 49 million and the Plaintiff’s 20% per annum from April 9, 2015 to September 30, 2015, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff was between the Defendant’s husband C and the Plaintiff’s husband C, and there was a money transaction with C, such as jointly purchasing real estate by receiving investment money from C.

B. On August 6, 2009, the Defendant, via C, entrusted the Plaintiff with the sale of 476 square meters (hereinafter “instant land”) prior to Ulsan-gu, Ulsan-gu, U.S. (hereinafter “the instant land”), and at that time, agreed that “The Plaintiff shall deposit KRW 97 million with the sale amount, and the capital gains tax shall not be paid.”

On August 6, 2009, the Plaintiff concluded a sales contract on behalf of the Defendant to sell E (the name before the opening of the name: F) and the instant land in KRW 97 million.

Unlike the above agreement, as the defendant bears capital gains tax on the sale of the land of this case, the plaintiff was to pay the capital gains tax on behalf of the defendant.

Accordingly, the Defendant decided to have one million won out of the purchase price of the instant land, and the Plaintiff ordered E to reduce the purchase price of the instant land in KRW 96 million.

C. On August 7, 2009, E transferred KRW 20 million to G to C’s account, and paid KRW 20 million out of the purchase price of the instant land to the Defendant.

E paid KRW 20 million to the Plaintiff on September 24, 2009, and KRW 56 million on January 8, 2010 (total KRW 56.81 million, among which KRW 56.6 million was paid, the Plaintiff paid KRW 56 million on the purchase price, and KRW 8.1 million was the Plaintiff’s expense).

The Plaintiff paid KRW 58 million to the Defendant on December 1, 2009, and KRW 18 million on December 2, 2009, and paid KRW 76 million out of the purchase price of this case to the Defendant on behalf of E.

In around 209, the Plaintiff, along with H and C, jointly purchased 16,529 square meters of I forest land in Ulsan-gu, Ulsan-gu, Seoul-do, and agreed to jointly acquire C’s investment shares in KRW 120 million with C (Plaintiff 70 million, H50 million, and H50 million).

H Acceptance of the above shares.

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