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(영문) 서울고등법원 2017.03.09 2015나17182
부당이득금
Text

1. The defendant (Counterclaim) who exceeds the following money among the part concerning the main lawsuit of the judgment of the court of first instance.

Reasons

1. Basic facts

A. From October 1, 1994 to 2009, the Defendant operated an entertainment-related business entity, such as N Co., Ltd. and P Co., Ltd. from around October 1, 1994 to around October 200, and the Plaintiff is the husband of the Defendant’s duale or C.

B. On July 1, 2005, the Defendant purchased the land listed in paragraph (1) of the attached Table 1 (hereinafter “instant land”) and the building listed in paragraph (2) of the attached Table 2 (hereinafter “former building”) between D and D in the amount of KRW 2.26 million. The down payment KRW 200 million on the date of the contract, and the intermediate payment KRW 60 million on the date of the contract.

8. Any balance of 16.16.4 billion won for the same year.

9.5. The Agreement was made to pay each of them respectively.

(hereinafter referred to as the “instant sales contract”) C.

On August 19, 2005, the Defendant paid 200 million won the down payment to D on the day of the contract, and paid 2 billion won in total the intermediate payment and the remainder after being loaned from the Bank of Korea Co., Ltd. (hereinafter “Korea Bank”) and the Scar Savings Bank, Co., Ltd., and paid 2 billion won in total to the said Bank. At the time, the Plaintiff provided a comprehensive collateral guarantee for the Defendant’s loan obligations.

Since then, when the defendant borrows money from the Seoul Livestock Industry Cooperatives or the Sari Saemaeul Community Fund as collateral for the land of this case, the plaintiff provided a limited collateral guarantee for the defendant's loan obligations.

On August 19, 2005, the defendant completed the registration of ownership transfer in the name of the plaintiff with respect to each one-fifth of shares among the land and the building of this case, and with respect to the remaining 4/5 shares, each share transfer in the name of the defendant.

(2) The Plaintiff’s share on the instant land (hereinafter “instant Plaintiff’s share”). E

After removing the old building around August 2005, the Defendant constructed a new building listed in the attached Table No. 3 (hereinafter “new building”) on the instant land, and completed the registration of initial ownership on February 22, 2006 in its name.

F. On May 25, 2012, the Defendant and his mother, are worth KRW 3.46 billion from the KIFF on May 25, 201.

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