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(영문) 서울북부지방법원 2020.06.05 2019가단124458
부당이득금
Text

1. As to each share of 2/11 out of the real estate listed in attached Table 2 attached hereto between Defendant C and D, the agreement is concluded on June 29, 2017.

Reasons

1. The following facts are acknowledged, either in dispute between the parties or in full view of the statements in Gap evidence No. 1 and 6, in the Daejeon District Court, red support in the Court Administration, and in full view of the purport of the entire pleadings as a result of the fact inquiry into the Court Administration Office:

A. On March 6, 2002, E Co., Ltd. (hereinafter “E”) entered into a credit guarantee agreement with the Plaintiff and the guarantee amount of KRW 960,000,000 (after the change of the guarantee amount to KRW 864,00,00) in order to obtain a loan from the F Bank. G, the representative director of the Non-Party Company, D and D, as its wife, jointly and severally guaranteed the non-party company’s liability for indemnity against the Plaintiff under the said credit guarantee agreement.

B. On April 21, 2008, the Plaintiff, on behalf of the non-party company, who lost the benefit of the due date for the loan obligations, filed a lawsuit claiming indemnity against the non-party company D and G (Seoul Western District Court 2008Kadan10641). On April 21, 2009, the above court rendered a judgment that "the payment of the amount calculated at each rate of 15% per annum from April 21, 2008 to January 14, 2009 with respect to KRW 863,427,836 to the Plaintiff jointly and severally and severally with the non-party company D, and KRW 860,87,877,877 to the Plaintiff shall be paid to the non-party company, and the next day to the day of full payment shall be 20% per annum from the day of full payment."

C. Defendant A and B, who are children of D and G, purchased 1/2 shares of each of the real estate listed in the separate sheet No. 1 (hereinafter “instant I real estate”) from H on August 30, 2013, and completed the registration of ownership transfer on September 26, 2013.

The deceased J, the father of D (hereinafter referred to as “the deceased”) owned each of the real estate listed in the attached Form 2 (hereinafter referred to as “instant KR real estate”) on April 14, 201.

Accordingly, Defendant C, the wife of the Deceased, succeeded to the deceased’s property in proportion to the shares of 3/11, L, M, N, and D, each of 2/11 shares, and the deceased’s heir around June 29, 2017.

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