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(영문) 서울중앙지방법원 2015.10.02 2014가합44456
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant, around October 2010, is the Defendant’s debtor, C and D, the Defendant, the Defendant, around October 201, are the children of C.

After purchasing 435.2 square meters, 435.2 square meters and 480 square meters, 1st floor of the first-class neighborhood living facilities of the Dong, Dong, Dong, Dong, general steel structure, and other first-class neighborhood living facilities of the first-class neighborhood living facilities of the first-class neighborhood living facilities of the first-class neighborhood living facilities of the first-class 1 roof (hereinafter referred to as the “instant real estate”), which share the share of 1/2 shares, and then selling the same and selling the same to divide the profits from the same, and the plaintiff accepted it.

(hereinafter referred to as “instant trade agreement”). (b)

1) On November 10, 2010, the Defendant entered into a sales contract with D as to 1/2 of the instant shares out of the instant real estate, and completed the registration of ownership transfer under the name of the Defendant on November 29, 2010, and entered into a sales contract as to 1/2 of the said shares on December 13, 2010, and completed the registration of ownership transfer under the name of the Defendant on December 16, 2010. 2) on the instant real estate at the time of the completion of the registration of ownership transfer as to the said shares under the name of the Defendant, the maximum debt amount of KRW 1.82 billion in the name of the North Seoul Special Agricultural Cooperative on April 2, 2008 and the maximum debt amount of KRW 30 million in the name of the Defendant on May 3, 2010 and on January 18, 2010.

C. The Plaintiff paid to the Defendant the sum of KRW 208,715,000 ( KRW 95,000,000 on November 9, 2010, KRW 315,000 on December 31, 2010, KRW 60,000 on December 60, 200, and KRW 27,000 on December 10, 201, under the instant business agreement, as the purchase fund for the instant real estate.2) The Plaintiff paid to the Defendant the real estate from November 9, 201 to November 27, 201 after the Defendant owned the instant real estate.

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