부당이득금
1. The Defendant’s KRW 18,356,553 as well as the Plaintiff’s annual rate of KRW 5% from December 12, 2015 to June 23, 2017.
1. Facts of recognition;
A. The Plaintiff completed the registration of transfer of ownership on April 8, 2009 with respect to C Dae-si 231 square meters (hereinafter “instant land”).
B. The Plaintiff completed the registration of transfer of ownership on January 12, 2009, with respect to the land of Bori Fishery Ginseng Co., Ltd. (hereinafter “the instant land”) owned by Bori-si Co., Ltd. (hereinafter “Sari Fishery Ginseng Co., Ltd.”), which is adjacent to the instant land, as to the land of this case, 3,33 square meters (hereinafter “instant land”). The Plaintiff completed the registration of transfer of ownership on January 9, 2013 on the ground of the completion of the pre-sale agreement as of January 30, 2009.
C. The non-party corporation newly constructed a steel structure sand panel, sand name board, warehouse facilities 787.8m2 (hereinafter “instant building”) on each of the instant lands, and subsequently rendered a decision to commence compulsory sale of the instant building to Ycheon District Court Won Branch E, which had not been registered as preservation of ownership, and on October 23, 2012, the registration of preservation of ownership in the name of the non-party corporation was completed on the same day due to the commission of registration of economic auction on November 15, 2012, and the Defendant purchased the instant building from the non-party corporation on November 15, 2012, and completed the registration of ownership transfer on the said building on November 20, 2012.
On October 30, 2014, the Plaintiff filed a lawsuit against the Defendant for the revocation of fraudulent act with the Seoul District Court 2014Da30055, and filed a lawsuit for the revocation of the fraudulent act with the said court. On October 30, 2014, the Plaintiff revoked the sales contract concluded on November 15, 2012 between the Defendant and the non-party corporation with respect to the instant building, and the Defendant was sentenced to the judgment that “the procedure for the cancellation of the ownership transfer registration is complied with” (hereinafter “instant fraudulent act judgment”), and the said judgment became final and conclusive on December 11, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, and Eul evidence 1, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff asserted by the parties, from January 9, 2013 to December 11, 2015, is the Defendant’s assertion.