(영문) 서울북부지방법원 2016.10.13 2015가합25581

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(영문) 서울북부지방법원 2016.10.13 2015가합25581

부당이득금

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1. The Defendants jointly share KRW 481,290,907 with respect to the Plaintiff and the period from August 20, 2014 to October 13, 2016.

Reasons

1. Facts of recognition;

A. On February 28, 2013, the Plaintiff is a trustee in bankruptcy of the Korea Savings Bank (hereinafter “Korea Savings Bank”). The Defendants, on April 30, 2012, registered the right to claim transfer of ownership on April 30, 2012, among each real estate listed in the separate sheet owned by the Korea Savings Bank (hereinafter “instant real estate”).

B. Provisional registration in the name of the Defendants as to the instant real estate and principal registration 1) the Defendants completed the registration of the right to claim transfer of ownership on January 25, 2012 with respect to each of the instant real estate portion 1/2 shares on April 23, 2012, and the said provisional registration was cancelled on the same day on April 26, 2012. (2) The Defendants completed the provisional registration on April 30, 2012 with respect to each of the instant real estate shares on April 30, 2012 under the name of the Defendants as to each of the instant real estate, and completed the provisional registration of the right to claim transfer of ownership on April 30, 2012 (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) After completion of the principal registration of the instant case, the Defendants, who collect rent for the instant real estate, asserted that they are the owners of the instant real estate, and conclude a new lease agreement or a new lease agreement on the instant real estate, such as the entry in [Attachment 1], and received rent from the lessees of the instant real estate from May 2012. The details thereof are as shown in Table 2.

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. As to the first floor, it has been postponed for two months from the lease date.

500,000 won to 500,000 won to 200,000,000 won to 13,750,000 won to 7,000.

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