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(영문) 대구지방법원 2015.05.27 2014나303080
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant’s joint purchase of real estate 1) was introduced by the introduction of the Plaintiff and the Defendant, etc., who were employed as a real estate brokerage assistant to the real estate brokerage office. The Plaintiff and the Defendant jointly purchased the land at one-half of the purchase price, and, if the land is sold in the future, the Plaintiff would jointly distribute the remaining money after deducting tax and public charges from the purchase price. The Defendant and the Defendant, on December 23, 2004, shareed the remaining money after deducting the tax and public charges from the purchase price. On December 23, 2004, 441m2 in C river, 362m2 in each E, and 13

(2) On the other hand, on October 1, 2003, the creditor filed a provisional attachment of which amount is KRW 20 million with respect to each of the instant real estate, which was KRW 84 million with respect to the creditor, and the creditor filed a provisional attachment of KRW 20 million with respect to each of the instant real estate as of January 26, 2004, and the establishment registration of the collateral security L, maximum debt amount of KRW 70 million with respect to the mortgagee L, maximum debt amount of KRW 70 million, respectively.

3) On April 1, 2005, the Plaintiff and the Defendant share one-half of the purchase price with the same method as above, and the Plaintiff and the Defendant share the same one-half of the purchase price. The Plaintiff and the Defendant share the same four parcels of land with the land of 2,235 square meters in G G, Y, H, 2,832 square meters, one preceding 232 square meters in G, and one thousand one hundred and fifty square meters in J. (hereinafter “instant land”).

(2) After purchasing the purchase price of KRW 78 million, the registration of ownership transfer was completed in the name of the Plaintiff on April 19, 2005 with respect to each of the above lands. (2) Meanwhile, the Plaintiff and the Defendant did not cancel the provisional attachment, etc. even after January 23, 2005, which is the remainder payment date stipulated in the sale and purchase contract for each of the instant real estate, and completed the registration of ownership transfer in the name of the Plaintiff on September 26, 2005. The decision of compulsory commencement of sale was rendered on October 12, 2005.

2. On March 20, 2006, the Plaintiff introduced each of the instant real estate to the Defendant, etc.

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