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(영문) 서울북부지방법원 2017.01.12 2015가합1899

부당이득금 반환

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 29, 2008, the voluntary auction procedure (hereinafter “instant auction procedure”) was commenced on May 29, 2008 with respect to the building on the said three lots of land (hereinafter “instant real estate by combining each of the said sites and buildings”), 53 square meters in Do-gun, Chungcheongnam-gun, Gangwon-do, and 13 square meters in E, F, 264 square meters, and the above three lots of land (hereinafter “instant real estate”).

B. The Defendants, at the instant auction procedure, are co-owners of the instant real estate at KRW 2330 million, and were awarded a successful bid and completed the registration of ownership transfer as to the instant real estate as co-owners on May 3, 2010, respectively.

C. On May 28, 2010, Defendant C completed the registration of transfer with respect to his share in the instant real estate on the ground of sale to Defendant B. However, on June 18, 2012, the share transferred as above was again transferred to Defendant C on the ground of the restoration of the real name.

On February 22, 2011, the Plaintiff was sentenced to imprisonment with prison labor for KRW 208,706,157 on behalf of the Plaintiff and KRW 208,707, and KRW 208,000,000, and KRW 2010,000,000, and KRW 200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00,00,00.