beta
(영문) 부산지방법원 2017.11.29 2016가합44748

사해행위취소

Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

Basic Facts

The parties to the case (appointed parties; hereinafter referred to as the “Plaintiffs”) and the designated parties indicated in the list of designated parties A and attached Form 1 (hereinafter referred to as the “Plaintiffs,” both the Plaintiff and the designated parties, are co-owners who own a majority of their share rights as indicated in the following table with respect to F. 7,032 square meters (hereinafter referred to as the “instant land”).

The first acquisition date of the shares of the Plaintiff (Appointed Party) A 20.75/132 on June 23, 1990, G 114.6/132 on the aggregate of the shares of the Plaintiffs, G 19.6/132, G 19.97/132, J 1/132, J 1/132, J 1/132, E Co., Ltd., Ltd., 3/132, 58.35/132, K 13/132 remaining 3/132 L 3/132, 3/132 M 3/132, N 4/132 N.4/132, 132/132 / [Attachment] the list of the instant land owned by the Plaintiffs, including (j), 3.00/137/138/132, and (g) the list of (g) and (g) buildings of this case.

However, on October 10, 2006, G filed a lawsuit against CO as Busan District Court 2006Gahap18085, seeking the removal of each building of this case and the transfer of the land of this case. The Appointed H, J, and I et al. as the designated party to the lawsuit against CO on July 24, 2007 by Busan District Court 2007Gahap14387, the Plaintiff et al. filed a lawsuit seeking the return of unjust enrichment from the possession of the land of this case based on the ownership of the above Plaintiff et al. among the land of this case. The lawsuit was merged with the preceding lawsuit.

On January 17, 2008, the above court rendered a full judgment on the ground that O owned the pertinent building without legitimate right of possession even after the term of the contract to establish superficies expires, and the above judgment was appealed and appealed.