소유권말소등기
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by each person;
1. The plaintiff's assertion that C has a claim for KRW 18,764,00 and damages for delay calculated at the rate of 25% per annum from June 10, 1998 to the date of full payment under the final and conclusive judgment of the Seoul Northern District Court 98Gabu District Court 74798 (hereinafter "the dispute judgment"). Since June 10, 1998, C intentionally failed to perform compulsory execution against C's property.
While the Plaintiff was tracking C’s property, the Defendant became aware of the fact that the Plaintiff acquired D Apartment E at the age of 26, Dongdaemun-gu Seoul Metropolitan Government, and in light of the fact that the Defendant did not have economic capacity at the time, and that C continues to reside in the above apartment, it is clear that the above apartment sale price was paid by C. Therefore, the Defendant bears the obligation to return unjust enrichment equivalent to the sale price to C.
Therefore, the Plaintiff seeks payment of KRW 108,072,929 (including delay damages) on the issues of the Plaintiff with respect to C within the scope of the sale price by subrogation of C.
2. Determination
A. According to the overall purport of evidence Nos. 1 and 2 of evidence Nos. 1 and 2, C filed a lawsuit of objection (hereinafter “related case”) against the Plaintiff on May 22, 2017 against the Plaintiff on the grounds that it cannot be deemed that C had omitted the Plaintiff’s claim in bad faith at the time of submission of the list of creditors in order to obtain the above exemption permit, and thus, C was exempted from liability for the judgment money of the Plaintiff on March 16, 2018 in the related case. < Amended by Presidential Decree No. 23574, Nov. 27, 2009>