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(영문) 대전지방법원 2016.05.31 2015가단37433
부당이득금 반환
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 November 6, 2013, the Plaintiff, the Defendants, and D concluded a real estate development agreement with the following content that purchased, developed, and sell 3.525 million won for each of the instant real estate (hereinafter referred to as “each of the instant real estate”) of the 3.525 billion won for the purchase and development of the 8,659 square meters, F 36 square meters, G 354 square meters, G 354 square meters, H 1,259 square meters, and I 288 square meters, respectively.

- The Plaintiff purchases E land, and bears down payment of KRW 80 million for down payment and KRW 1.89 billion for the remainder of KRW 1.80 million for a bank loan, bearing KRW 98 million for the purchase of land by D, and bearing KRW 98 million for the purchase of land by Defendant B, F, G, and H, and bearing KRW 52 million for the purchase of land by Defendant B.

- Of the land purchase amounting to 3.5 billion won, KRW 2.46 billion out of KRW 3.5 billion shall be appropriated for the loan.

- Land development activities and trade are responsible for Defendant C from November 15, 2013 to April 15, 2014.

- Defendant C is responsible for authorization and permission, civil engineering works, change of use, parcel out, taxes, banks and construction costs.

- On January 29, 2014, KRW 800,000 shall be deposited to the Plaintiff.

80 million won shall be deposited within 60 days after the deposit of KRW 800 million.

B. After that, the Plaintiff, the Defendants, and D prepared for KRW 80 million, and D borrowed KRW 2.6 billion from a financial institution as security, and Defendant B loaned KRW 400 million from J as security each of the instant real estate, and agreed to use the remaining money as expenses for collection, registration, transfer, etc.

C. On December 27, 2013, Plaintiff, Defendants, and D concluded a sales contract with the seller on each of the instant real estate.

D On the same day, each of the instant real property was created by the debtor D, the maximum debt amount of KRW 3.2 billion, the mortgagee of the right to collateral security, and the Daicheon Daisan Dairy Farming Cooperative (hereinafter referred to as the “Ocheon National Livestock Cooperative”), and was loaned KRW 2.6 billion from Boan National Agricultural Cooperative.

Defendant B’s each of the instant real estates on the same day is the debtor B, the maximum debt amount of KRW 600 million, and the right to collateral security.

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