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(영문) 인천지방법원부천지원 2016.08.26 2015가합103066
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C is located within the land transaction permission zone between D and D on September 9, 2004 and the following:

Before the division as stated in paragraph (1), the seller entered into a sales contract to sell 8,264/9,455 shares in the purchase price of KRW 475,00,000 (the purchase price of KRW 25,500,000 shall be reduced at D’s request, and KRW 450,000,000) out of the total amount of KRW 9,455 square meters in Incheon Forest, E, which was divided as shown in the foregoing paragraph. As a special agreement, the seller changed the sale contract to the extent that there is 7 remainder of the difference between the 8 places of origin in the above forest and land by November 10, 204, which is the outstanding payment date, by no later than September 23, 2004.

B. Since then, around December 10, 2004, the above E- 9,455 square meters of forest land was divided into G around June 8, 2005 with 1,010 square meters of forest land divided into G around June 8, 2005, and became 8,275 square meters of forest land and G 1,010 square meters of forest land.

(hereinafter referred to as “instant forest land” in total of 8,264/9,45 shares among the said E forest land, and 8,264/9,45 shares among the F and G forest land after the said registration conversion and subdivision.

D on May 25, 2005, sold the instant forest to H, a real estate broker, and H drafted a sales contract on the instant forest land between D and D on the ground that the Defendant, who is in a relative relationship with him/her, was the buyer.

On May 28, 2005, H entered into an exchange agreement with the Plaintiff and I on May 28, 2005 with the Defendant, 1,369 square meters of the instant forest and field of K, 208 square meters of L forest and forest, M 7,383 square meters of forest and field (hereinafter “J-owned forest”), and 13 households of Hancheon-gu, Seocheon-gu, Kucheon-gu, Nbgwon, O, Q apartment 8 households located in P, and 24 households of the Republic of Korea (hereinafter “instant exchange agreement”), including the Plaintiff and I, in the name of the Defendant (hereinafter “instant loan”). The special agreement is ①.

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