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(영문) 창원지방법원진주지원 2017.12.08 2017가단30725

부당이득금

Text

1. The Defendants jointly pay to the Plaintiffs KRW 159,967,69 and the interest rate thereon from May 19, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The real estate listed in paragraph (1) of the attached list No. 1 (hereinafter “real estate No. 1”) was owned by Defendant C and paragraph (2) of the attached list No. 2 (hereinafter “instant real estate”) respectively by Defendant D. The real estate listed in paragraph (3) of the attached list No. 3 (hereinafter “third real estate of this case”) was owned by Defendant C’s share of 1/3, Defendant E’s share of 3/15, Defendant F’s share of 2/15, and Defendant D’s share of 1/3. (b) On May 11, 2015, the Plaintiffs purchased the instant real estate No. 1, 2, and 3 real estate (hereinafter “each real estate of this case”) with the Defendants at KRW 470,00,00,000,000 on the date of the contract, and the remainder of the registration of the establishment of the real estate of this case should be paid at the same time by each of the Defendants’ sales contract and the remainder of the registration (hereinafter “the remainder”).

(2) At the time of the conclusion of the instant sales contract, each of the collateral security holders, private agricultural cooperatives, the debtor, the maximum debt amount of 546,000,000,000 won, and the maximum debt amount of 39,00,000 won, were registered for the establishment of a mortgage registration, respectively.

3. Part of the 3rd immovable property of this case was leased by H as KRW 50,00,000, KRW 17,000,000 for lease deposit, KRW 33,00,00 for lease deposit by J, and KRW 50,00,00 for lease deposit by K, and KRW 23,000 for L, respectively.

C. On June 5, 2015 and June 10, 2015, the Defendants, without receiving the remainder from the Plaintiffs, completed the registration of ownership transfer for each of the instant real estate based on the instant sales contract. D.

The Defendants established on each real estate of the instant case.