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(영문) 수원지방법원성남지원 2015.09.11 2014가단35180
부당이득반환 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 16, 2003, Defendant B completed the registration of ownership transfer of 670/2414 out of the area of 2,414 square meters (hereinafter “land before division”) in the area of 2,414 square meters in Seongbuk-gu, Seongbuk-gu, Sungnam-si, Seoul.

Defendant B sold the above shares to F around April 2003. At the time, the land transaction permission was not granted, and F completed the registration of provisional disposition on May 15, 2003 with respect to the shares of Defendant B.

B. On September 26, 2003, the Plaintiff purchased the above share amounting to KRW 44 billion from F. The Plaintiff completed the registration of creation of a neighboring mortgage amounting to KRW 700 million on November 13, 2003, including the creditor, the debtor, and the maximum debt amount.

C. On October 15, 2004, the land prior to the subdivision was divided into 590 square meters per annum per annum (hereinafter “instant land”) and 510 square meters per H road (hereinafter “instant land”).

On the instant land, the Plaintiff newly constructed the instant building one-story, Busan High School, Busan High School, and one-story detached Housing (Salydong), 97.47 square meters (hereinafter “instant building”). On May 2, 2014, the Plaintiff completed the registration of initial ownership on the instant land under Defendant B’s name.

On September 24, 2014, Defendant C and F, who represented by the Plaintiff and Defendant B, agreed on the seller’s transfer of the instant land and building to KRW 750,00,000,000,000,000,0000,0000,0000,0000,0000,0000,0000,0000,0000,000,0000,000,0000,0000,0000,0000,0000,0000,0000,0000,000,0000,000,000,0000,000,000

E. On September 26, 2014, Defendant B completed the registration of ownership transfer on the instant land and building due to sale on August 11, 2014.

F. On December 29, 2014, the branch office of the Suwon District Prosecutors' Office filed a fraudulent complaint against Defendant C, the Defendant C.

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