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(영문) 춘천지방법원강릉지원 2017.05.16 2016가합90
부당이득반환
Text

1. The Defendant shall pay to the Plaintiff KRW 270,00,000 and the interest rate of KRW 15% per annum from May 16, 2017 to the date of full payment.

Reasons

1. Basic facts

A. C around June 2003, purchased from D the land of Gangseo-si, E, 251 square meters and 26 square meters prior to F, owned by D, and newly built and sold a multi-household house with the fourth floor on that ground, and the land price was to be paid after the sale.

C) On June 12, 2003, upon obtaining a construction permit for the said new construction of multi-household housing (hereinafter “instant construction”).

B. C awarded a contract for the structural construction of the instant construction project to the K Construction Co., Ltd. (hereinafter “K Construction”), but the KD Construction was not paid the said C construction cost, and it was transferred from C the said building under construction (hereinafter “instant building”). On the other hand, it purchased the instant land from D and completed the registration of ownership transfer in the name of KD Construction on December 9, 2003.

C. The Plaintiff lent KRW 130 million to KD Construction as construction cost, but was not repaid the loan from the said company. Around January 2005, the Plaintiff was transferred the instant land and buildings for repayment of the loan from the said company.

(1) On January 20, 2005, the Plaintiff completed the registration of ownership transfer under the Plaintiff’s name on the instant land (hereinafter “instant land”). C raised construction cost by borrowing money from the Plaintiff and carried out construction work.

On August 13, 2005, C entered into an agreement with the Plaintiff on August 30, 2005 that the amount of KRW 130 million borrowed from the Plaintiff, and KRW 38 million borrowed from the Plaintiff as a construction cost to pay to the Plaintiff not later than August 30, 2005 after settling accounts of the total amount of KRW 168 million and interest, etc., but the Plaintiff shall not be entitled to the claim for the right against the flag, if it is not paid by August 30, 2005.

E. However, C failed to complete the instant construction, and failed to repay the Plaintiff the borrowed amount under the said agreement.

F. After that, the defendant was introduced by C on March 6, 2006 between the plaintiff and the plaintiff on March 6, 2006.

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