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(영문) 대전지방법원 2018.01.10 2016가단210013

부당이득금

Text

1. The Plaintiff:

A. Defendant B’s KRW 18,00,000 and interest rate of KRW 15% per annum from June 14, 2016 to the date of full payment.

Reasons

Basic Facts

E and F’s real estate exchange contract between E and F on April 6, 2013, between F and F, and B entered into an exchange contract between F-owned G Dae-gu, Daejeon Special Metropolitan City (hereinafter “instant building”) and H 266.8 square meters (hereinafter “instant H site”) with H 266.8 square meters (hereinafter “instant building”). E shall pay 60 million won in difference of the value of each of the instant real estate to F, but E shall pay 60 million won as the lease deposit received by leasing 3 of the instant building, and F shall pay 3 of the instant building as the lease deposit by May 31, 2013 (hereinafter “instant exchange contract”). < Amended by Act No. 11690, May 31, 2013>

E completed the registration of ownership transfer with respect to the instant H site to F on April 30, 2013, and F completed the registration of ownership transfer with respect to the instant H site on May 10, 2013, the establishment of a mortgage was completed with respect to the instant H site with a maximum amount of KRW 158,40,000,000,000 for a mortgagee of the right to collateral security.

The Plaintiff, including provisional attachment of the instant building, filed an application for provisional attachment against the instant building and its site at the Daejeon District Court 2013Kahap468, the amount claimed as KRW 179,461,000, which was the claim amounting to KRW 179,461,00. On May 14, 2013, the provisional attachment registration was completed as to the instant building and its site on the same day.

On June 26, 2013, the Plaintiff filed a lawsuit against F for the claim for construction cost, which is the principal claim of the provisional attachment, with the Daejeon District Court 2013Kahap5606.

On June 14, 2013, J sent notice to F to cancel the above provisional attachment registration and to register the ownership transfer of the instant building and its site. On July 5, 2013, the instant exchange contract was concluded to be impossible to register the ownership transfer of the instant building and its site, and notified E to the effect that the ownership transfer of the instant H site is desired.

Defendant B, such as the conclusion of a lease agreement, is a person living together with E.