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(영문) 의정부지방법원 2016.12.01 2016가합32

부당이득금

Text

1. The defendant is Daegu District Court with regard to each real estate listed in the separate sheet Nos. 2 through 5.

Reasons

1. Presumed factual basis

A. On January 2, 2009, the Plaintiff and the Defendant were paid KRW 176,00,000, excluding the remainder of KRW 153,000,000, excluding the bonds of the National Bank of Korea, Co., Ltd., Ltd., Co., Ltd., Ltd., as to each of the instant shopping districts, as KRW 153,000,000, excluding the bonds of KRW 24,000,000, as interest, while borrowing KRW 24,00,000 from the Defendant for the remainder of KRW 153,00,000.

B. As to each of the instant commercial buildings, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) to the Defendant under the receipt No. 26 of January 2, 2009, the Daegu District Court Seo-gu District Court’s registration office.

C. On March 9, 2009, the Plaintiff and the Defendant rendered a judicial compromise as follows in the case of a claim for the principal registration on a provisional registration No. 2009No. 63 of Seoul Central District Court (Seoul Central District Court)

(hereinafter "Reconciliation of this case". 1. The defendant is to receive KRW 353,00,000 from the plaintiff until April 2, 2009, and to implement the procedure for registration of cancellation of the provisional registration of the right to claim ownership transfer registration and the provisional registration of the right to claim ownership transfer registration and the provisional registration of the provisional registration of the right to claim ownership transfer registration and the provisional registration of the right to claim ownership transfer registration and the provisional registration of each commercial building of this case under the Daegu District Court'

2. If the Plaintiff fails to pay the above amount to the Defendant by April 2, 2009, the Plaintiff shall perform the principal registration based on the provisional registration of the right to claim the transfer registration of ownership concerning the above real estate and deliver the said real estate to the Defendant.

On August 8, 2011, the Defendant completed the principal registration of ownership transfer transfer registration (hereinafter referred to as “instant ownership transfer registration”) based on provisional registration with respect to each of the instant commercial buildings due to the settlement in this case.

E. On September 13, 2013, the Defendant sold 170,000,000 commercial buildings listed in [Attachment List No. 1 (hereinafter “instant 101 commercial buildings”) to D, and completed the registration of ownership transfer on October 29, 2013.

grounds for recognition.