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(영문) 창원지방법원 2020.12.17 2020나272

부당이득금반환금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On October 19, 2006, the Plaintiff completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) under Article 54713 on September 19, 2006, on the ground of the sales contract on September 19, 2006 with respect to the land of Jinju-si, Jin-si, the Defendant-owned (hereinafter “instant land”).

B. On May 26, 2008, D, the Defendant’s creditor, filed a lawsuit against the Plaintiff for the revocation of fraudulent act with the Changwon District Court Jinju Branch. On February 13, 2009, the said court rendered a judgment that “the sales contract between the Plaintiff and the Defendant regarding the instant land shall be revoked on September 19, 2006. The Plaintiff shall implement the procedure for the cancellation of the ownership transfer registration of this case.”

(208Gadan9408). The plaintiff appealed against the above judgment, but on September 25, 2009, the Changwon District Court rendered a judgment dismissing the above appeal (2009Na3467) and the above judgment of the court of first instance became final and conclusive as it is.

(hereinafter referred to as “the final judgment of this case”) C.

D An application for provisional injunction against the disposal of the instant land was filed with the Changwon District Court (2009Kadan1197), and on June 8, 2009, the above court received a provisional injunction order and completed the provisional injunction registration as to the instant land on the same day.

On September 1, 2010 and January 16, 2012, the Defendant written the following written confirmations to the Plaintiff:

Certificate of September 1, 2010

1. Personal information of the verified person: B;

2. The confirmation is a sale to A for the answer of Jin-si, Jin-si, Jin-si, the above person's name was sold to A in 2001 (not later than nine years), but it was not possible to change the name due to the personal circumstances of the above person at that time (as the above is currently in the process of D and civil action to Busan District Court, the date is expected to expire the civil lawsuit by November 30, 201, and it may be somewhat reduced or delayed, and the date is not in line with the present matters.