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(영문) 서울중앙지방법원 2013.11.13 2012가단137456
부당이득금반환
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to Gap evidence 8 and Eul evidence 1 and 2 (including each number):

Criminal facts in the Seoul Central District Court 2012Gohap127 (hereinafter “instant criminal facts”) are as follows.

【Criminal Facts】

C. D, on February 24, 2006, drafted a false contract with F as if C had the right to use the land for the land outside 14 parcels, E, and the right to use the land of this case (hereinafter “the right to use the land of this case”) to obtain money from the Plaintiff as the price for resale, and entered into a false contract with the Plaintiff on February 24, 2006.

After January 2006, from around February 2006 to around February 2, 2006, C and D stated that “The Plaintiff shall be able to receive 21 million won from the Korea hydroelectric Power Co., Ltd. (hereinafter “Korea hydroelectric Power Co., Ltd.”) within one year, with the display of the aforementioned false contract, etc. at the office of the Nam-dong branch of the Seoul, Nam-dong Seoul, Seoul, Seoul, the Seoul, the Seoul, the Seoul, the Seoul, the Seoul, and the office of the business branch of the Fdong branch of the Seoul, the Seoul, the Seoul, and the office of the Gyeonggi-do branch of the business branch.”

However, in fact, C does not purchase the right to use the above land in KRW 670 million, and C did not have the intention or ability to cause the land to be untransferable in principle, and D did not have the intention or ability to cause the land to be fire to the Plaintiff from the Korea hydroelectric Energy.

C and D, under the pretext of the purchase price for the land of this case and the brokerage commission therefor from the Plaintiff, shall be KRW 68 million around February 28, 2006, KRW 267 billion around March 15, 2006, KRW 200 million around April 10, 2006, KRW 200 million around April 13, 2006, KRW 135 million around April 13, 2006, and KRW 15 million around February 13, 2006.

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