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(영문) 서울남부지방법원 2017.02.10 2016나51069
부당이득금
Text

1. The part against the defendant in the judgment of the first instance against the defendant is revoked, and the plaintiff's claim corresponding to that part is dismissed.

2.

Reasons

1. Basic facts

A. (1) Around April 2008, the Plaintiff and Defendant B and D (hereinafter referred to as “three persons, including the Plaintiff, etc.”) purchased the same trade agreement and newly constructed and sold a loan on the ground in Seongbuk-gu Seoul, Seongbuk-gu, Seoul (hereinafter “instant land”) and agreed to distribute profits therefrom (hereinafter “instant trade agreement”) to the Plaintiff and D to divide the profits of KRW 150 million if they invest KRW 200 million from the Plaintiff and D. However, as seen below, Defendant B purchased the land on the premise of the business in the name of Defendant C, which is its wife, completed the registration of ownership transfer, completed the registration of ownership transfer, and completed the registration of ownership transfer, and completed the registration of ownership transfer in the name of Defendant C with respect to the newly constructed loan, and did not participate in the joint business other than the purchase of the lease deposit, etc., and did not participate in the joint business of the Plaintiff’s land.

Therefore, it is reasonable to see that there was a business agreement between the plaintiff et al., and it is based on the premise of the business agreement.

AB concluded the agreement.

(2) Defendant B, a wife on April 9, 2008, purchased the instant land in the name of Defendant C from F, the former owner of the instant land, KRW 441 million, the purchase price of KRW 539 million was KRW 500 million, but the Defendants did not dispute the fact that the actual purchase price was KRW 441 million.

After that, on June 9, 2008, the registration of ownership transfer was completed under Defendant C’s name. Of the purchase price of the instant land, KRW 200 million is paid as the money that Defendant B decided to make an investment for the said business, and the remainder is below the National Federation of Fisheries Cooperatives by offering the instant land as security.

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