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(영문) 서울고등법원 2018.05.18 2016나2081650

부당이득금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On February 28, 2013, the Plaintiff was declared bankrupt on February 28, 2013 by Daejeon District Court Decision 2013Hamhap2, Korea Savings Bank (hereinafter “Korea Savings Bank”).

(2) On April 30, 2012, the Defendants are bankruptcy trustees. (2) On April 30, 2012, each 1/2 share of each of the real estate listed in the separate sheet owned by the Korea Savings Bank (hereinafter “instant real estate”) is a person who completed the registration of the right to claim ownership transfer on April 30, 2012.

B. On April 23, 2012, the Defendants completed the provisional registration under the name of the Defendants as to each of the instant real estate and the principal registration 1) on January 25, 2012, with respect to one-half shares of each of the instant real estate, the registration of the right to claim transfer of ownership was completed on the grounds of trade reservation. On April 26, 2012, the said provisional registration was revoked on the grounds of cancellation on the same day. (2) On April 30, 2012, the Defendants completed the provisional registration on April 30, 2012 as to each of the instant real estate under their own name as to one-half shares of each of the instant real estate (hereinafter “the instant provisional registration”).

3) On May 7, 2012, the Defendants filed for the registration of ownership transfer based on the provisional registration of the instant real estate (hereinafter “instant principal registration”) with respect to the instant real estate.

(C) The Defendants completed the instant principal registration, asserting that they are the owners of the instant real estate, and concluded a new lease agreement with the Korea Savings Bank regarding the instant real estate as indicated below (Attachment 1).

CD 50,000,000 Won 3,600,000 underground floor rent of KRW 3,330,000,000 underground floor rent of KRW 3,330,000 under the lease deposit for lease on the object of lease. 300,000

H. On the first floor, the rent was deferred for two months from the date of the lease contract.

500,000 won 13,750,000 won from 50,000 to 70,000 won from 20,000 won from 13,750,000 to 10,000 won from 30,000,000 won from 1st G H 10,000,000 won from 1,30,000 won from 1,30,000 won from 1,000 actual expenses from 1,00,000 won from 1,00,000 won from 1,00.