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(영문) 인천지방법원 2017.07.13 2016가단24559
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. After borrowing KRW 100 million from the Defendant, the Plaintiff: (a) paid KRW 50 million in checks to the Defendant; (b) remitted KRW 50 million to C account; (c) remitted KRW 119,900 and KRW 13.6 million to D account; and (d) entirely repaid KRW 1280,000 by delivering the remainder to the Defendant in cash.

After receiving the above KRW 80 million ( KRW 30 million), the Defendant promised to change the maximum debt amount of the right to collateral security set forth in the E Apartment-dong 5, 1006, and 14-dong 905, Jung-gu, Incheon, Jung-gu (hereinafter “instant apartment”), from KRW 130 million to KRW 26 million, the Defendant incurred damages by transferring the ownership of the instant apartment to F without changing it.

Therefore, the Defendant is obligated to return the amount of KRW 68,719,900 ( KRW 50 million, KRW 119,900, KRW 13.6 million), except for the amount of KRW 30 million in cash and KRW 1,280,00 in cash, which is alleged to have not been paid to the Defendant.

2. Facts of recognition;

A. The plaintiff filed a lawsuit against the defendant, G, C, F, and H (hereinafter "the defendant, etc.") with the Incheon District Court 201 Gohap 11692. The plaintiff paid 50 million won in cash and 30 million won in checks to the defendant, and transferred 119,900 won and 13.6 million won in cash to the defendant, and the remaining 12.80,000 won in cash were delivered to the defendant. The defendant and G conspired with the defendant to transfer 130,000 won in cash, the maximum debt amount of the right to collateral security established on the apartment of this case would be changed from 130,000,000 to 26,000,000 won, and the plaintiff was subject to provisional registration of this case by using the plaintiff's certificate of personal seal impression that is the trustee of the apartment of this case, and then, the plaintiff was subject to provisional registration of this case.

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