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(영문) 서울중앙지방법원 2014.07.31 2013가단100529

채권승계집행

Text

1. The defendant from February 2, 2005 to the plaintiff

1. 2,930,000 won per annum until the land indicated is transferred to the Plaintiff.

Reasons

1. Basic facts

A. (1) Laga integrated Construction Co., Ltd. (hereinafter “Laga comprehensive Construction”) on May 3, 199 for the transfer of ownership in the instant land and building

1. The registration of the ownership transfer of the land entered (hereinafter “instant land”) has been completed, and thereafter, attached on the instant land

2. On January 13, 2001, after the construction of the recorded building (hereinafter “instant building”) was completed registration of initial ownership of the said building.

(2) On February 6, 2001, Liber General Construction completed the registration of ownership transfer with respect to the instant building to C Co., Ltd. (hereinafter “D”) on February 6, 2001.

(3) Around March 2000, Korea seized the instant land on the grounds of default of national taxes.

(4) The E Co., Ltd. (hereinafter “E”) owned and used the instant building that acquired ownership, and sold the shares of the said building to F from January 2001 to F members. The E Co., Ltd. (hereinafter “E”) owned and used the instant building that acquired ownership.

(5) On February 18, 2005, the Plaintiff acquired the ownership of the instant land through the public auction by Korea Asset Management Corporation.

B. The Plaintiff asserted that E has occupied and used the instant land without any title, and filed a lawsuit against E to seek unjust enrichment under the court 2012Gahap23257. On November 2, 2012, the said court recognized that E occupied and used the instant building on the instant land from around 2001, and rendered a judgment that “E shall pay land usage fees calculated at the rate of 2.930,000 won per annum from February 2, 2005, the Plaintiff acquired the instant land ownership until it delivers the instant land to the Plaintiff (hereinafter “instant judgment”), and the said judgment became final and conclusive on December 27, 2012.

[Reasons for Recognition] There is no dispute;