(영문) 서울남부지방법원 2018.10.11 2018가합105782

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자간(%)

(영문) 서울남부지방법원 2018.10.11 2018가합105782

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. A lawsuit between C and the Defendant is the remainder of the Defendant, and C is the south of the Defendant, and C, as to the 8/10 portion of each real estate listed in the separate sheet (the registration of an aggregate building was closed on December 21, 2015 and the land listed in the separate sheet No. 1 and the land listed in the separate sheet No. 2; hereinafter “instant real estate”), the registration of ownership transfer was completed under the name of the Defendant as to the 2/10 portion of each of the real estate listed in the separate sheet No. 3, June 21, 1995.

3) C filed a lawsuit against the Defendant seeking return of unjust enrichment equivalent to C’s share ratio among the leased revenues of the instant real estate under this Court No. 2013Gahap12182. The Defendant filed a counterclaim against the Defendant for the registration of ownership transfer concerning shares in the name of the instant real estate under this Court No. 2014Gahap5785. On October 6, 2014, this Court sentenced the Defendant to the judgment that “C shall implement the procedure for ownership transfer registration on January 12, 2001 for eight percent of the instant real estate on the ground of the renunciation of shares,” and the said judgment became final and conclusive at that time. (b) The Defendant’s written confirmation and the Defendant’s proxy form on November 24, 2014 as follows (hereinafter “instant factual confirmation”).

(1) The power of attorney and the power of attorney (hereinafter referred to as “instant power of attorney”).

[Written Confirmation of Facts] The subject matter of this case was prepared and presented. The subject matter of this case was registered as the inherited property by the present owner as the shares of 20%, C80%, but the present owner was registered as the shares of 20%, C80%, Seoul Southern District Court 2013Gahap12182 (illegal Enrichment), and 2014Gahap5785 (Counterclaim by a counterclaim judgment) (the entire shares of the subject matter was transferred to the defendant. The defendant grants 50% of the total shares of the above subject matter to the plaintiff

The defendant shall sell and purchase the above objects, and all loans, deposits for lease.

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