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(영문) 인천지방법원부천지원 2019.10.17 2018가단122696
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. From May 31, 2011, C entered into a sales contract with the content that he/she purchases KRW 1.29 billion in total, the purchase price of KRW 1.48 billion in the E Forest land in Kimpo-si, Kimpo-si (hereinafter “F land”), Kimpo-si, Kimpo-si, Kimpo-si. The Plaintiff represented C on behalf of the Plaintiff regarding the said sales contract.

B. The Defendant, with the trade name of “G”, was delegated by C or the Plaintiff (a person engaged in real estate brokerage and development business, with respect to the negotiation of a sales contract or the duties concerning development activities, etc., as to H forest land 7,320 square meters, I forest land 840 square meters, and 295 square meters prior to J (hereinafter “K land”), and F land, etc.

C. C paid KRW 38 million to D on August 30, 201 in order to pay the purchase price for F land, and thereafter borrowed F land from financial institutions as follows.

LO association LO association of KRW 380,000,000 on December 27, 201, 201, for loans of the maximum debt amount on the date of registration of the right to collateral security (the maximum debt amount) to the debtor, the date of loan to the creditor of the right to collateral security, shall be KRW 49,637,270 on December 28, 201, MO association of KRW 650,000 on December 27, 2011, which was KRW 49,637,270 on December 28, 2011, which was KRW 494,00,000 on December 28, 201, NO association of KRW 379,706,330 on December 29, 2011.

D. C transferred to D the full amount of KRW 380 million borrowed in L’s name and KRW 499,637,270 borrowed in M’s name, immediately after each of the above loans was granted. Of KRW 379,706,330 borrowed in N’s name, C remitted KRW 257,163,000 to D.

E. As above, the Defendant withdrawn 122,543,30 won (=379,706, 330-257, 163,000 won) in cash (43,30 won) on December 29, 2011, excluding those remitted to D among the funds borrowed under N’s name.

F. C filed a lawsuit against the seller D with respect to the above KRW 122,543,30 against the seller of F land, but the court rendered a judgment dismissing C’s claim, and the Incheon District Court’s Branch Branch.

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