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(영문) 서울서부지방법원 2019.04.18 2017나40522
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On November 30, 2009, the Plaintiff entered into a contract with the Defendant, who is the owner of the land and the second-class housing located in Jongno-gu Seoul Metropolitan Government D (hereinafter collectively referred to as the “instant real estate”), under the title “share transfer contract” (hereinafter referred to as the “instant contract”).

The transferor: The plaintiff, the transferee, and the buyer: 50 million won are transferred to 50 million won of the defendant's equity interest (275 million won, hereinafter "the equity interest of this case") and the balance remaining after deducting the money for lease on a deposit basis and the loans shall be the remainder.

The above matters shall be faithfully implemented and the loans to 50% of the shares shall be determined by the transferee's contribution.

- Special contract deposit: 5.1 million won - The deposit for lease on a deposit basis: one floor (8 million won/2.5 million won) and the second floor (1. million won/5 million won/5 million won).

B. The Plaintiff, via C, paid 11,30,000 won in total as interest for the unpaid acquisition price from November 30, 2009 to March 12, 2010, and 11,300,000 won in total as interest for the acquisition price from December 31, 2009 to October 6, 2010.

C. Meanwhile, with respect to the instant real estate at the time of the instant contract, the establishment registration of a neighboring mortgage (the debtor C, the maximum debt amount of 260 million won, the principal of 200 million won, the 200 million won; hereinafter the “instant first mortgage”) under the name of G association on March 31, 208 and ② the establishment registration of a neighboring mortgage (the debtor, the maximum debt amount of 123,500,000 won, the principal amount of 9.5 million won; hereinafter the “instant second mortgage”) under the name of E association on July 16, 2008, was completed on November 18, 2010, and the Defendant completed the additional establishment registration under the name of E association (the aggregate amount of the debtor, the defendant, the maximum debt amount of 266,500,000 won, and the 3rd mortgage on May 10, 2018).

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