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(영문) 서울남부지방법원 2019.05.15 2018가단25575

부당이득금반환

Text

1. The Defendant’s KRW 27,540,00 for the Plaintiff and KRW 5% per annum from January 16, 2019 to May 15, 2019.

Reasons

1. Basic facts

A. The defendant is the party's position 1) The defendant is the land of this case, "the land of this case", which is 1857 square meters in Guri-si C.

(2) On June 18, 2001, the Plaintiff completed the registration of ownership transfer based on voluntary auction for 6/17 shares out of the instant land on June 18, 2001, with respect to 2/17 shares as to the Defendant’s mother, D, Defendant’s partner E, and F, respectively. The Defendant’s Dong G completed the registration of ownership transfer based on voluntary auction for 6/17 shares out of the instant land.

B. The Defendant leased the instant land, etc. to H Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), from March 5, 2001 to May 20, 2006, the lease deposit of KRW 8,000,000, and monthly rent of KRW 700,000. From May 21, 2006 to December 29, 201, the Defendant set the deposit of KRW 6,000,000 as monthly rent of KRW 1,00,000.

C. From around 2010, the I Regional Housing Association: (a) around 144 land in Jri-dong, Jin-dong, Jin-si, including the instant land; (b) designated K stock company as an executing agent; and (c) promoted the construction of apartment and auxiliary facilities (hereinafter “instant project”); (c) co-owners of the instant land, including the Plaintiff and the Defendant sold the share of the instant land to the said executing agent; and (d) completed the registration of ownership transfer on the ground of trust to M& corporation on December 16, 2010 after selling the share of the instant land to the said executing agent.

However, the project of this case was suspended due to the default of L, which is the contractor, and M, upon request from the non-party Korea Deposit Insurance Corporation that acquired the rights of the lender group on January 2015, M, upon receipt of a request to conduct a public auction, commenced the public auction procedure on the project site including this case's land, and N and P Co., Ltd purchased 1/2 shares of each of the instant land in the public auction procedure, and completed the registration of ownership transfer on December 29, 2016 for each 1/2 shares on the ground of sale.

[Ground of recognition] without any dispute, Gap 1, 3, 4, 5, and Eul.