logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.10.15 2018가합566398
부당이득금 등
Text

1. Defendant J shall pay Plaintiff G KRW 1,722,224 as well as 5% per annum from October 2, 2018 to October 15, 2020.

Reasons

1. Basic facts

A. Defendant J’s acquisition of land ownership 1) L is Seoul M& 624.2 square meters and N-53.1 square meters (hereinafter “instant land”).

The Seoul Central District Court completed the registration of ownership transfer with No. 1610 received on January 11, 1999 with respect to the Seoul Central District Court, and PO Co., Ltd. (hereinafter “O”) on October 25, 199.

) In the future, the maximum debt amount of KRW 3.120 million and the debtor P Co., Ltd. (L) registered his wife Q Q as the representative director to conduct a new building project after purchasing the instant land.

hereinafter referred to as "P"

) The registration of the establishment of a neighboring mortgage and the establishment of superficies was completed (the foregoing right to collateral was transferred to RAD Co., Ltd on October 23, 2003 on June 26, 2007).

) On October 28, 1999, S completed the registration of creation of a mortgage over L, the maximum debt amount of 70 million won, the debtor, and on the same day, the registration of creation of a mortgage over L, the debtor, was completed in the future on the same day. 2) On the land of this case, S received a decision to voluntarily commence the auction as U of the Seoul District Court on December 6, 2002 and completed the registration of the entry on December 12, 2002. Te received a decision to voluntarily commence the auction as U of the Seoul District Court V on April 18, 2003 and completed the registration on April 24, 2003. TheO received a decision to voluntarily commence the auction as Seoul District Court on December 18, 2003 and completed the registration on December 23, 2003.

3) P, on September 18, 199, leased the instant land from L from September 18, 199 to September 18, 2001 by setting a deposit of KRW 100 million, and thereafter, P, upon obtaining a construction permit on April 11, 200 and obtaining a building permit on April 11, 200, one building of “X” with the size of the third and fifth floors above the instant land (hereinafter “instant building”).

On November 5, 2003, the registration of preservation of ownership on the building of this case was completed in the future on January 3, 2004 after the entrustment of registration of provisional disposal prohibition on disposal of this case. 4) On the other hand, on March 3, 2004 in order to collect value-added tax in arrears by P, the registration of preservation of ownership on the building of this case was completed in the future on November 5, 200.

arrow