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(영문) 서울남부지방법원 2014.09.30 2014가합3611
부당이득금 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The 9918/100 of 3,502 square meters of F forest 3,502 square meters (hereinafter “the instant land”) in the indication of the real property in Gyeonggi-si D (hereinafter “Seongyang-gun E”) was registered as owned by Nonparty G until September 19, 2003, G was completed on the same day as owned by the debtor and Defendant C as a collateral security.

B. On December 4, 2006, the registration of ownership transfer was completed to the Plaintiff on December 29, 2006 on the condition that the right to collateral security as stated in the above paragraph (a) was established.

C. On December 23, 2006, the Plaintiff concluded a sales contract with the content that the instant land (the object is “F Forest No. 1000 square meters”) purchased KRW 140 million (hereinafter “instant sales contract”) and entered into a sales contract with G and buyer as the Plaintiff (hereinafter “instant sales contract”).

However, the above sales contract was entered into by Defendant B as his agent, and entered into a special agreement, stating that ① the access road and bridge construction on the instant land is responsible for the seller, ② the remainder is paid simultaneously with the termination of the right to collateral security established on the H land owned by the Plaintiff, and ③ the termination of the seller of the right to collateral security established on the instant land at the time of payment of intermediate payment.

On January 18, 2007, the registration of the establishment of a neighboring establishment in the name of Defendant C, which was completed on the instant land, was cancelled on the ground of termination.

E. On September 23, 2007, the Plaintiff transferred the down payment and intermediate payment KRW 100 million to the Nonparty I’s account, a parent of Defendant B, and paid the remainder KRW 40 million to Defendant C.

[Ground of recognition] Facts without dispute, Gap 1, 6, 8 through 10, Eul 1, and the purport of the whole pleadings

2. The Plaintiff’s assertion of this case is written by G as a seller, but G at the time of the actual preparation of the contract.

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