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(영문) 인천지방법원 2015.04.14 2013가합36022
부당이득반환 등
Text

1. The Defendant entered into an agreement on February 4, 2012 with respect to each real estate listed in the separate sheet with respect to Gulul Construction Co., Ltd.

Reasons

1. Basic facts

A. On February 4, 2012, the Defendant, along with the Ulsan Construction Co., Ltd. (hereinafter “Ful Construction”), newly constructed the Dongjak-gu Seoul Metropolitan Government-based multi-household building B and C (hereinafter “instant building”). On February 4, 2012, the Defendant agreed that “Ful Construction” was the total of five households, namely, “201, 203, 302, 402, and 502, and the Defendant was the five households” (hereinafter “instant agreement”).

B. On October 5, 2012, the Defendant completed the registration of initial ownership relating to each real estate listed in the separate sheet (No. 203, 302, and 402 of the instant building; hereinafter “instant real estate”) as Seoul Central District Court No. 228148, Oct. 5, 2012.

Since then, on October 11, 2012, the registration of ownership transfer was completed as Korea Trust Co., Ltd. on the instant real estate on the grounds of trust. As to November 20, 2012, No. 402, Apr. 203, 2013, and May 302, 2013, the registration of ownership transfer was completed again in the name of the Defendant.

C. Meanwhile, while the Plaintiff was unable to receive electrical construction costs and loans from Gulul Construction, it would receive the instant building 201 as payment in kind. On November 26, 2012, the Plaintiff concluded a sales contract with Gulul Construction as to the said 201, and completed the registration of ownership transfer.

Since then, the Plaintiff filed a lawsuit against Lul Construction with this court as the court 2013da40840, and on September 11, 2013, the Plaintiff received a ruling of recommending reconciliation that “Sul Construction shall pay to the Plaintiff KRW 40,000,000 until October 11, 2013, and if the Defendant fails to pay the above amount by the payment date, it shall pay the unpaid amount plus damages for delay calculated at the rate of 20% per annum from the date following the payment date to the date of full payment (hereinafter “decision of recommending reconciliation in this case”). The above decision was finalized around that time.

(e) Fishing construction is currently in a closed condition and is based on September 2, 2014.

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