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(영문) 의정부지방법원고양지원 2017.09.01 2016가합74050
부당이득금
Text

1. Defendant (Counterclaim Plaintiff) Co., Ltd and Defendant B Co., Ltd. jointly share with the Plaintiff (Counterclaim Defendant) KRW 61,360,490.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a company that runs the manufacturing and processing business of aluminium pressure materials.

Defendant A and Defendant B Co., Ltd. (hereinafter referred to as “Defendant B”) are companies engaged in each non-ferrous metal sales and distribution business.

B. On October 2001, C acquired the ownership of the land listed in [Attachment 1] List 1 (hereinafter “instant land”) and constructed each building listed in [Attachment 1] List 2 (hereinafter “instant factory building”) on the ground around March 2003, and registered the preservation of ownership of the above factory building.

The factory building of this case consists of 1,268 square meters inside a ship (hereinafter referred to as the "Dong") connected in sequence with each point of 37,38,39,40,37, and 234 square meters connected to each point of 37,38, 39, 40, and 37, which are used as a restaurant and a kitchen, and 268 square meters inside a ship (hereinafter referred to as the "Dong") connected to each point of 41,42, 43, 44, 45, and 41, which are used as a factory.

C. On December 29, 2010, Defendant B received the registration of ownership transfer on the instant land by reason of donation from C.

Defendant B, on October 10, 201, filed a registration of the right to claim ownership transfer based on the pre-sale agreement with D on the said land. However, on August 22, 2013, after E received the right to claim ownership transfer from D, Defendant B completed the registration of ownership transfer based on the provisional registration on August 22, 2013.

E entered into a contract to sell the instant land to Defendant A on July 15, 2015, and Defendant A completed the registration of ownership transfer on July 20, 2015 for the said land.

On April 10, 2014, with respect to the instant factory building owned C, a public sale procedure was conducted under the National Tax Collection Act, and the Plaintiff acquired the ownership of the said factory building through the public sale procedure on June 24, 2015.

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