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(영문) 수원지방법원여주지원 2016.11.16 2015가합10324
부당이득금
Text

1. The Defendant’s KRW 1,210,00,000 for the Plaintiff and 5% per annum from May 1, 2013 to November 16, 2016.

Reasons

1. Basic facts

A. On July 3, 2007, the Plaintiff obtained a loan of KRW 1.3 billion from a new agricultural cooperative that had the land category and size of 22,308 square meters (hereinafter referred to as “land category and size omitted) owned by himself as security, and around that time, lent the above KRW 1.3 billion to the Defendant (hereinafter “instant loan or loan”). The Defendant decided to pay interest on the Plaintiff’s new agricultural cooperative’s loan obligations to the Plaintiff’s new agricultural cooperative.

(The creditor of the Plaintiff’s above loan obligation was changed from the new agricultural cooperative around December 201 to the Dong Agricultural Cooperative (Seoul Agricultural Cooperative).

around September 3, 2007, the defendant purchased E-si F (the above land was divided into H, I or J, G, G were divided into G, K, L or M, respectively, on October 13, 201, and on July 22, 2014, H, H, I or J purchased the property jointly owned by division on October 21, 201, and each ownership transfer registration was completed in the future of the defendant, H, I or J in the future, G, L or M.

C. On March 28, 2013, the Plaintiff’s pro-Japanese Job N’s demand that the Defendant set a provisional registration on the instant land when demanding that the Defendant repay the instant loan obligation, and the provisional registration of N’s right to claim ownership transfer (hereinafter “the provisional registration of this case”) was completed on March 28, 2013.

Defendant, D, and E (hereinafter “Defendant, etc.”) entered into a sales contract with O on May 14, 2014 with respect to the instant land and E-si P, Q, etc., but the sales contract was terminated on October 28, 2014 due to O’s failure to pay part of the intermediate payment. However, N decided to receive part of the instant land directly fromO or R according to O’s proposal and demanded the Defendant to sell part of the instant land to O, R, or their designated persons. Accordingly, N, R, and Defendant, etc. on February 25, 2015.

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