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Reasons
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(영문) 서울고등법원 2015.07.16 2014나37561
부당이득금
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1. The plaintiff's claim that is changed in exchange at the trial is dismissed, respectively.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff loaned KRW 100,000,000,000 to C around early 1992, including retirement allowances received by the Plaintiff’s husband due to the death of his husband P (the Plaintiff asserts that C had engaged in bond business in the old-powered fisheries market at that time).

2) On September 12, 1992, C prepared a receipt on September 12, 1992, stating that “60 million won and details: 400 of the return totaling 876 square meters located in Seosung-gun D, Gyeonggi-do, agreed between the Plaintiff and C in the form of trade, and the Plaintiff paid the full amount to C in lump sum and received C at the same time.” The Defendant signed and sealed the above receipt as a guarantor.

(C) On the same day, M shall also prepare a receipt to sell 300 square meters out of 876 square meters of the above land in KRW 45 million. 3) C shall be the business of Gyeonggi-si Qing-gun Qing-gun 1,468 square meters and R 1,428 square meters (in addition to the two land areas, it shall be equal to 876.4 square meters if it is converted into "h".

hereinafter referred to as “D land”).

On July 16, 1991, he completed the registration of ownership transfer and owned it.

(b) C shall be deemed to have a director of the Jinsung Group in 1997, while serving the same year;

4.1. Around October 1997, D land was sold, and around October 1997, it purchased the same land as below (hereinafter “the entire land”), and individually by the sequences.

In the case of Jinjin-si on October 23, 1997, the land category of E 3,073 is 50 m2,00 m2,00 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 on October 23, 1997, 1,000 m2,00 m2,705 m2,70 m2,000 m2,00 m2,000 m2,000 m2,00 m2,00

(1) The Plaintiff and C paid to the Plaintiff KRW 30 million in total on two occasions on September 21, 1992 through April 24, 1995, as well as KRW 100,000,000,000 on June 28, 1993; KRW 30,000,000 on two occasions on May 1994; and KRW 30,150,000 in total on two occasions on May 20, 1995.

In other words, 10 million won on February 11, 1999.

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