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(영문) 서울중앙지방법원 2018.01.26 2016가합571648

부당이득금

Text

1. The plaintiff's respective lawsuits against the defendant B, D, and E and the obligee's subrogation against the defendant C.

Reasons

1. Basic facts

A. On November 30, 2009, the Plaintiff’s transfer of the instant claim 1) On November 30, 2009, the bankruptcy trustee of the Nonparty bankrupt G Union H (hereinafter “G”) is collectively referred to as “G”.

(2) In the Busan High Court case No. 2008Na13593, the appellate court of the lawsuit filed against Nonparty F, which is the appellate court of the lawsuit filed against the Plaintiff, “Defendant F shall pay G the amount calculated by the rate of 5% per annum from December 28, 2005 to the date of full payment.” The above decision became final and conclusive on December 16, 2009, and became final and conclusive on May 24, 2011, G with respect to F’s credit (hereinafter “instant credit”) pursuant to the above paragraph (1) (hereinafter “instant credit”). On May 26, 2011, the Plaintiff sent to Nonparty I Limited, and I Limited, to Nonparty J Co., Ltd. on May 26, 201, and J Co., Ltd., on April 23, 201, to Nonparty K Limited, and to the Plaintiff on May 16, 2015, without notifying each of the instant claims to the Plaintiff.

After that, on June 22, 2017, the Plaintiff sent a notice of the acquisition of the above credit to the second F, but did not reach the F.

B. 1) Defendant D and Defendant E, the wife of F, completed the registration of ownership transfer on April 4, 2005 with respect to each real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) owned by F on April 4, 2005, based on sale and purchase on April 4, 2005. (2) Defendant C completed the registration of ownership transfer on each of the real estate listed in the separate sheet No. 2, which was owned by F on July 1, 2005, as to each of the real estate listed in the separate sheet No. 2, which was owned by F on June 30, 2005 (hereinafter “instant No. 2 real estate”).

After that, on April 7, 2014, the above defendant sold the above real estate to Nonparty L and M, and on June 2, 2014, the above buyer completed the registration of ownership transfer on the above real estate.

3 Defendant B, who is F’s son, is indicated in the Schedule No. 3 of July 25, 2005.