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(영문) 인천지방법원 2016.02.18 2015가합52868
부당이득금
Text

1. The Plaintiff, Defendant Republic of Korea’s KRW 12,825,690, as well as Defendant Incheon Metropolitan City from May 7, 2015.

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in full view of the statements and the purport of the entire arguments in Gap evidence 1 to 4 (including each number; hereinafter the same shall apply), Eul evidence 1, 2, 5 and 9, as well as in the whole.

1) B Co., Ltd. (former Co., Ltd.; hereinafter “B”), regardless of whether it is before or after mutual change.

A) On July 26, 1990, the Nam-gu Incheon Metropolitan City D 353.4 square meters (hereinafter “instant land”).

A) After purchase, on August 23, 1990, the registration of ownership transfer was completed under B’s name on August 23, 1990. (2) F, who was a director of B, was the type E, on July 26, 1990, purchased 353 square meters in Nam-gu, Incheon (hereinafter “instant land”) and completed the registration of ownership transfer in the name of F on August 23, 1990.

3) B entered into a construction contract with H on September 3, 1990 in order to newly construct and sell two multi-household houses with the size of the first floor and the third floor above the ground on the land of this case owned by it, and H began to build a new multi-household house on the land of this case since that time. Since that time, H started to build a new multi-household house on the land of this case. F entered into a construction contract with H on September 3, 1990 to sell it by constructing two multi-household houses with the size of the first floor and the third floor above the ground on the land of this case. H started to build a new multi-household house on the land of this case from that time.

B. 1) B and F on December 4, 1990, the Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance Co., Ltd.”) are limited to “Defendant Seoul Guarantee Insurance Co., Ltd, regardless of whether it was before or after the change of the trade name.”

2) As to the land Nos. 1 and 2 of this case, the registration of establishment of a neighboring mortgage (hereinafter “mortgage”) with the content of KRW 1.43 billion on the maximum debt amount and KRW 1.43 billion on the part of the debtor B

After that, on the land Nos. 1 and 2 in Seoul Guarantee Insurance Co., Ltd., the Seoul Guarantee Insurance Co., Ltd. on December 31, 1990.

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