(영문) 서울동부지방법원 2014.02.18 2013가합101379

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(영문) 서울동부지방법원 2014.02.18 2013가합101379

부당이득반환 청구의 소

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1. The plaintiff's primary and conjunctive claims are dismissed, respectively.

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

Reasons

1. Basic facts

A. On February 5, 2007, C Co., Ltd. (hereinafter “C”) purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from D in the amount of KRW 590 million from D, and B, a wife E and the Defendant, a child, began to reside after being handed over the instant real estate from around that time.

B. On January 28, 2011, the Defendant entered into a sales contract to purchase the instant real estate from D with the price of KRW 500 million (hereinafter “instant sales contract”), stating that “the remaining amount of KRW 190 million shall be paid in accordance with each letter prepared by the Defendant, as the special terms and conditions in the sales contract,” and that “the payment shall be made in accordance with the letter prepared by the Defendant, as the Defendant,” from D.

2. 21. The registration of ownership transfer was completed on the grounds of the instant sales contract.

C. As of February 5, 2007, the establishment registration of the instant real estate was revoked on March 12, 2008, with the debtor C, the Industrial Bank of Korea of the mortgagee C, the maximum debt amount of 480 million won, and the establishment registration was completed on the same date. On the same date, the establishment registration was completed on September 9, 201, with the purport that the debtor F, the Gyeonggi Mutual Savings Bank of Korea, the maximum debt amount of 588 million won was added to the debtor, and the registration was completed on September 30, 201, with the acquisition of an overlapping contract as of September 9, 201.

On the other hand, the plaintiff filed a claim for the amount of 1,579,324,276 won and 1,565,08,246 won and the amount of 15% per annum from March 26, 2008 to May 14, 2008 and the amount of 20% per annum from the next day to the day of full payment. The court held that the plaintiff shall pay to the plaintiff the amount of 1,579,324,276 won and 1,565,08,246 won and the amount of 15% per annum from the next day to the day of full payment.

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