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(영문) 춘천지방법원속초지원 2020.10.06 2020가단20076

부당이득금

Text

1. The Defendant’s KRW 29,018,834 as well as 5% per annum from February 6, 2020 to October 6, 2020 as to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s ownership (hereinafter “C”) < Amended by Presidential Decree No. 2452, May 8, 2002> (1); Presidential Decree No. 17588, May 16, 2002; Presidential Decree No. 17458, Feb. 29, 2002> (1); (2) D ground buildings (attached Table 1 List 2; hereinafter “instant building”); (3) D ground E building (the registration of destruction was completed on January 29, 2015); and (4) G G real estate auction (hereinafter “the instant voluntary auction”) with respect to the size of 354 square meters before the F.M. 354 square meters. In order to continue to operate money in the instant building, the Plaintiff requested the Defendant to obtain a bid from the Defendant on May 8, 2002 in the instant auction procedure, and the Defendant completed the registration of ownership transfer on the ground of this.

B. On July 10, 2002, the land before subdivision was divided into 1,253 square meters in D miscellaneous land and 992 square meters in H miscellaneous land. On March 15, 2003, the land category of D miscellaneous land was changed to 1,253 square meters in D miscellaneous land (the land indicated in attached Table 1(1); hereinafter referred to as “instant land”; hereinafter referred to as “each of the instant real estate”).

C. The Plaintiff paid KRW 40,421,00 to the Defendant with the purchase price, etc. of each of the instant real estate as shown in the attached Table 2 attached hereto.

On August 2018, the Plaintiff filed a lawsuit against the Defendant seeking the registration of transfer of ownership pursuant to the above agreement with respect to each of the instant real estate by asserting that “The Plaintiff, who had operated the land before division and the instant building, was awarded a successful bid in the instant auction procedure to continue to operate the money, and thereafter, agreed to the Plaintiff to transfer the ownership of the instant building and the instant land (the site of the instant building) upon the repayment of the successful bid price to the Defendant.” The Plaintiff filed a lawsuit against the Defendant seeking the registration of transfer of ownership pursuant to the above agreement with respect to each of the instant real estate, and the court of first instance.