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(영문) 수원지방법원 2017.11.08 2017가단521634
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 16, 2014, the Plaintiff and C purchased E forest land E 9,288 square meters (hereinafter “the instant forest”) from D with the purchase price of KRW 786 million.

(hereinafter “instant sales contract”). B.

On June 30, 2015, the Plaintiff paid the down payment of KRW 78 million out of the purchase price to D, and subject to consultation with D on June 30, 2015, the Plaintiff paid KRW 500 million out of KRW 539,539,00 to F and G, a creditor of D, in the way of subrogated payment of KRW 250,000,000,000 to F and G, a creditor of D, by taking out loans of KRW 539,539,00 as security.

C. The Plaintiff, upon introduction by H, was difficult to make an additional loan to pay the remainder of the purchase price of KRW 28 million, and instead the Defendant succeeded to the status of purchaser under the instant sales contract from the Plaintiff, and instead, instead of succeeding to the status of purchaser under the instant sales contract, the Defendant received a loan on the instant land as collateral and repaid the loan under the name of the previous Plaintiff and paid the remainder of

Accordingly, on January 13, 2016, the Defendant obtained a loan of KRW 870 million from the Mapo-gu Saemaul Savings Depository as security, and paid KRW 551,868,968 to the Plaintiff on the same day and KRW 250 million to D.

E. On the other hand, on April 8, 2016, the Plaintiff prepared and ordered a letter of waiver of the instant sales contract to the Defendant that he/she succeeds to the status of the purchaser of the instant sales contract to the Defendant.

E. As seen earlier, the Plaintiff and the Defendant completed the registration of ownership transfer in the name of the I Co., Ltd. (hereinafter “I”) on April 14, 2016 for the development of the instant land, on the grounds of sale on April 14, 2016.

F. On April 22, 2016, the Defendant completed the registration of the right to claim the transfer of ownership based on the pre-sale agreement as of April 22, 2016, and completed the registration of the right to claim the transfer of ownership on October 31, 2016 to four persons, including J, K, L, M, etc. (hereinafter “J et al.”) on April 31, 2016.

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