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(영문) 의정부지방법원 2019.12.10 2019가단110063
부당이득반환
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 June 2008, the Plaintiff operated a real estate brokerage office with the trade name “F real estate” in Seocheon-si E.

B. On July 27, 198, the previous 2,120 square meters of G before the division (hereinafter “instant land”) had been completed on July 27, 198, the ownership transfer registration was completed in the Hocheon-si Council (hereinafter “H”).

However, the indication of the registered titleholder was corrected or changed in the following order:

On December 13, 1983, 198, such as the correction of the indication of the registered titleholder on the donation H H H H H H H H H H H H H H H H H, the change of the indication of the registered titleholder on December 1, 2004; on March 6, 2008, the change of the name of the I H H H H H H H, the change of the indication of the registered titleholder; and on March 6, 2008, the change of the indication of the registered titleholder;

C. On February 1, 2008, I (hereinafter “I”) filed a lawsuit against H on February 1, 2008 against “the implementation of the procedure for registration of change of the name of the person who registered the instant land.”

(Court Decision 2008Gahap1085)(Court Decision 2008Gahap1085)(Court Decision 17 April 2009, which became final and conclusive on November 10, 201). D.

(1) On June 26, 2008, the Plaintiff mediated the sales contract of the instant land between H and buyer J and the Defendant.

At the time, Nonparty C was the president of H.

Luxembourg The Defendant paid 10,000,000 won of down payment, part of part payment, 32,050,000 won to the seller.

E. (1) However, on July 4, 2008, I received a provisional disposition order against H by taking into account “The right to request the registration of the indication of a titleholder based on ownership and the right to request the cancellation of the registration of the change of the indication of a titleholder” as a preserved right.

(2) On July 4, 2008, 2008, the Plaintiff prepared a “written statement of confirmation of facts and responsibility” with the following content to the Defendant and the J.

Location: The G trade 640 square meters of the land set forth above at a level of 300,000 square meters (300,000), and the resident registration number described in subparagraph (A) is omitted and the confirmation of fact will not be made, and if so, the ownership transfer will not be made.

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