logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2015.10.27 2015가단6083
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 31, 201, the Plaintiff entered into a contract with the Defendant to purchase KRW 1,294,800,000 of the purchase price of KRW 8,231 square meters in Kimpo-si, Kimpo-si, which was owned by the Defendant (hereinafter “instant sales contract”); at the time D, the Plaintiff was the Plaintiff; and E, who is the Defendant’s son, the Defendant, respectively, on behalf of the Defendant.

B. Meanwhile, on November 22, 2011, the said land was divided into seven parcels, including 1,501 square meters of F forest land, 1,501 square meters of G forest, 1,501 square meters of H forest, 1,501 square meters of land, 1,491 square meters of J forest, 1,319 square meters of J forest, 947 square meters of K forest, 41 square meters of land of L forest, etc.

(hereinafter referred to as “instant land,” regardless of whether it was before or after subdivision.

On August 30, 201, the Plaintiff paid KRW 38,000,000 to the Defendant in order to perform the obligation to pay the price under the instant sales contract, and thereafter, received a loan from a financial institution as follows, as security:

(1) A person who intends to make a loan to the debtor of the maximum debt amount on the date of the registration date of the right to collateral security (hereinafter referred to as “mortgage”) shall obtain a loan from the debtor of the maximum debt amount on the date of the registration date of the right to collateral security (hereinafter referred to as “mortgage”) and KRW 380,000,000 on December 26, 201, 200 on December 27, 2011, Man Agriculture Cooperatives, J, K, K, and L, the amount of KRW 650,000 on December 28, 2011, N on December 49, 201, N on December 49, 201, F, K, and L, the amount of KRW 494,00 on December 28, 200,00 on December 37, 200,000.

D. After each of the loans was granted as above, the Plaintiff transferred to the Defendant the full amount of KRW 380,00,000 that was borrowed under the name of “M” and KRW 499,637,270 that was borrowed under the name of “N” respectively. Of KRW 379,00,000 that was borrowed under the name of “O”, the Plaintiff remitted KRW 257,163,00 to the Defendant.

E. In addition, as seen above, Qua engaged in real estate brokerage and development business under the trade name of “P” (i.e., 379,000,000 won - 257,163,000 won) and cash (43,30 won) on December 29, 201, other than remittances to the Defendant out of the money borrowed under the name of “O” (i.e., 121,50,000 won) were withdrawn from the cashier’s checks (i.e., 121,50,000 won) and 43,30 won.

【Ground of recognition】 There is no dispute, Gap No. 1.

arrow