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(영문) 서울중앙지방법원 2017.12.06 2017가단5169323

부당이득금

Text

1. Defendant C shall deliver to the Plaintiffs the real estate listed in the separate sheet No. 1.

2. The plaintiffs defendant D.

Reasons

1. Facts of recognition;

A. 1) The Plaintiffs and E are stock companies with the representative director of F, the spouse of E, the Plaintiffs and E (hereinafter “G”).

2) G participated in the auction of Suwon District Court H Real Estate in the name of Suwon District Court H, and decided to jointly operate a J suit on the ground, such as Suwon District Court I, which is the object of the auction. 2) G was selected as the highest price purchaser in the above auction procedure, and paid 9.8 billion won in total on October 14, 2014, and the Plaintiffs shared part of the sales price.

3) On August 11, 2016, the Plaintiffs filed a lawsuit (Seoul Central District Court 2016Gahap547898) against E seeking compensation for damages caused by tort on the grounds that the Plaintiffs’ deception had paid excessive costs during the auction process. (b) The Plaintiffs and E agreed as attached Form 2, February 9, 2017.

(2) Defendant D is an attorney-at-law. At the time of the agreement in this case, Defendant D had the provisions of the instant agreement as the agent of the Incheon District Court, and Defendant D had the same agreed upon with the Plaintiff. (c) As to each building listed in the separate sheet (hereinafter “building”) and ① 2,467 square meters of land of Kimpo-si, Kimpo-si, and ② 84/390 of the 390 square meters of land of Lopo-si, Kimpo-si (hereinafter “instant site”), Defendant C (hereinafter “Defendant C”) completed the registration of ownership transfer as the receipt on September 6, 2013 of the Busan District Court Branch Kimpo-si, Kimpo-si, 6072.

On May 3, 2016, Han Bank Co., Ltd. completed the registration of creation of a new mortgage on the building and site of this case, the maximum debt amount of KRW 2.4 billion and the debtor C, as the same registry office No. 29095.

2) Defendant C is operating “M filling station” in the instant site and building (hereinafter “instant filling station”).

(3) On February 9, 2017, Plaintiff A and B filed with respect to one half of each of the instant sites and buildings, and on February 22, 2017, Plaintiff A and B filed with respect to the Incheon District Court’s Deputy Branch Branch Kimpo-si Office on the grounds of trade on February 9, 2017.