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(영문) 의정부지방법원고양지원 2015.04.16 2014가합4842
부당이득금반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Presumed factual relationship

A. On April 2005, Defendant B agreed to establish an association (hereinafter “instant association”) in order to jointly carry out a penta construction distribution project (hereinafter “instant penta”) in the Hanan-gun of South and North Korea, Haan-gun, D, E, F, G, and H (hereinafter “instant penta”).

G was admitted to the instant association in the name of G(G) and under the name of J (E), E was admitted to the instant association in the name of J (E), and F was admitted to the instant association in the name of K (F).

B. On July 18, 2005, the Plaintiff paid KRW 120 million to Defendant B, and received from Defendant B an amount equivalent to KRW 120 million out of the shares of Defendant B in the instant association. Defendant B represented the Plaintiff from around that time.

C. The instant association purchased ① 450 square meters, ② M forest 2,479 square meters, ③ N forest 936 square meters, ④ O forest 3,174 square meters, and completed the registration of ownership transfer on November 25, 2005, and on the other hand, the land was registered conversion or divided as indicated below on June 30, 2008.

Plaintiff 2/12 D 2/12 K 2/12 and 2/12 J 4/12, Gyeongnam-gun, Namnam-gun, Daejeon-gun, Gyeongnam-gun, Daejeon-gun, Gyeongnam-gun, which had changed the ownership of a registered titleholder in the indication of real estate, and Plaintiff 2/12/12/4/12 and 2,508m2/12/12-K 2/12/12/D 2/12 and 4/12, 936m2/12D 2/12/12, 2/12/12, 2/12/42/2, 2/12/2, 42/24 of the forest and field in Nam-gun, Namnam-gun, Daejeon-gun, Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun, and Plaintiff 2/12/24/292 of the forest and field in Nam-gun, and 232/132/29/2/24/7/2.

D. On June 2, 2007, the instant association decided to sell the association’s property at the cost to the members of the instant association, upon holding a meeting to consult on the “settlement of construction cost after completion of penture, etc.”

① Of the land size 2,508 square meters in the Republic of Korea, the part (A) and 342 square meters in the ship connecting each point of the attached Table 1, 2, 3, 4, and 1 among the land size 2,508 square meters in the Republic of Korea, and (2) the part (A) of the attached Table 3 among the land size 943 square meters in the Republic of Korea in the Republic of Korea in the order of one another among the land size 1, 2, 3, 4, 5, and 1.

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