logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.11.04 2015가합15288
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The summary of the case is the case where the plaintiff claims the return of the amount to the defendant, in spite of the plaintiff's repayment of the amount of KRW 760,000,000,000 to the defendant, by receiving the total amount of the debt that the defendant assumed over the above debt from C.

In fact, on July 4, 2003, the Defendant entered into an investment agreement with D Co., Ltd. (hereinafter “D”) on the apartment project and invested KRW 1 billion.

According to the investment agreement, the defendant is paid the investment principal of KRW 1 billion until January 18, 2004, and the proceeds of KRW 700 million until April 18, 2004.

On April 30, 2004, Defendant and E determined KRW 700 million to the Plaintiff as the due date of payment on October 31, 2004 and lent it to the Plaintiff at 3% per month of interest.

On April 30, 2004, the Plaintiff completed the registration of the establishment of a neighboring maximum debt amount of KRW 1.7 billion in the name of the Plaintiff, among the 124,835 square meters of forest land in Gwangju-si, G forest, 298 square meters of forest land, H forest, 26,083 square meters, I forest, and 5,355 square meters of forest, in order to secure loan obligations.

On March 22, 2004, according to the decision of provisional seizure dated 22, 2004, the above forest shares were registered as provisional seizure in the defendant's name with the claim amount of KRW 1.7 billion.

The sale and purchase of forest land and the assumption of obligation H, I forest, and J forest divided in F forest before division was owned by the plaintiff as co-owned property partition.

On April 4, 2005, the Plaintiff entered into a sales contract with C to sell the said forest land in KRW 2.23 billion, and agreed to take over the Plaintiff’s obligation to the Defendant in lieu of the actual payment of the purchase price.

2. The acquisition method Gap (Plaintiff) and Eul (C) shall be 600 million won of the maximum debt amount with respect to the acquisition and transfer of the above real estate.

arrow