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(영문) 부산지방법원동부지원 2020.01.29 2019가단1994
부당이득금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The parties’ relationship C and D (hereinafter “C, etc.”) owned 1/2 of each share of Heungdong-gu E and 488.5 square meters, and the fourth-story neighborhood living facilities (hereinafter “first-story real estate”) on the land in Chungcheongnam-gu, Chungcheongnam-gu. The Plaintiff owned 60694 square meters of forest Franchisium 60694 square meters (hereinafter “ second-class real estate”), and the Plaintiff’s wife G owned 30347080/30 of the amount of H1629 square meters of forest land in Ulsan-gun, Ulsan-gu (hereinafter “third real estate of this case”).

B. 1) On April 22, 2013, the Plaintiff entered into an exchange contract with the Plaintiff, C, etc., with the purport of exchanging the instant real estate No. 1 and the instant real estate No. 2 owned by the Plaintiff, and the Plaintiff’s wife G with the purport of exchanging the instant real estate No. 3 real estate shares (hereinafter “instant exchange contract”).

(2) At the time of the instant exchange contract, the Plaintiff and C et al. agreed to exchange the instant real estate No. 1 with the Plaintiff’s instant real estate No. 2 with the instant real estate No. 3 real estate share, without any exchange difference.

C. 1) On June 18, 2013, the Plaintiff completed the registration of ownership transfer with respect to the instant real estate No. 2 to I designated by C, etc. on June 18, 2013. G completed the registration of ownership transfer with respect to the instant real estate No. 3, and on June 19, 2013, G completed the registration of ownership transfer with respect to the instant real estate No. 16529 (Article 500), which is a part of the instant third real estate No. 3 share (Article 500). However, on July 22, 2013, as stipulated in the instant exchange contract, even until July 22, 2013, the collective security right under the name of J (hereinafter “J”) established on the instant real estate No. 1 was changed into the financial right, or the secured debt was not repaid. The Plaintiff from August 2013 to July 2014 to the account designated by C, etc. under the name of interest on each of the instant real estate No. 1.

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