(영문) 서울중앙지방법원 2018.05.10 2016가합516689

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(영문) 서울중앙지방법원 2018.05.10 2016가합516689

부당이득금

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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 pertinent Plaintiff of the parties is a person who had a relationship with Nonparty E from around 2003 to May 2008, and Defendant B is a child of Nonparty E, and Defendant C’s speech.

B. Nonparty G, as of October 10, 2006, prepared a sales contract stating that the purchaser of the land No. 1 was the Defendant B as of October 10, 2006 and sold the land No. 390,0150,000 won to the said Defendant.

G After receiving the above purchase price, on November 20, 2006, completed the registration of ownership transfer on the land No. 1 to the above Defendant.

C. Around March 2006, the Plaintiff and Defendant C concluded a contract title trust agreement with the said Defendant to purchase the land No. 2 in the name of the said Defendant, instead of the Plaintiff, around March 23, 2006. Accordingly, on March 16, 2006, the Defendant C concluded a contract with Nonparty C to purchase the land No. 2 at KRW 42,576,00,000 with Nonparty I, who did not know of the above contract title trust agreement. After the Plaintiff paid the above purchase price, Defendant C sold the land No. 2 on March 16, 2007 as a voluntary auction on January 23, 2014, and some of the purchase price was distributed to the Plaintiff’s creditors and distributed the remainder of KRW 154,785,848 to Defendant C.

On July 6, 2015, the Plaintiff, E, and the Defendants drafted an agreement on 16,986 square meters of forests and fields D 16,986 square meters (hereinafter referred to as “third land”).

1. In the event that the balance arising from the sale and purchase on September 30, 2015 to Pyeongtaek-si J is performed, Defendant B shall cooperate with the buyer in all necessary documents for the transfer of ownership, and the Plaintiff shall pay the debtor cash of KRW 1.4 billion to Defendant C and B, and shall pay the transfer tax and all taxes incurred therefrom.

2. Upon the remainder of J, the Plaintiff will pay 1.4 billion won to Defendant C and B.

Defendant C’s payment to the Plaintiff.

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