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(영문) 서울중앙지방법원 2013.10.10 2013가합9845
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic factual basis within the scope necessary to determine the cause of the claim;

A. As to the ownership of each real estate of this case, the ownership transfer registration was completed on October 31, 2002 with respect to the Plaintiff’s share 1/3, Defendant’s share 1/3, and 1/3, and 1/3 of G 1/3 on May 10, 2002, as to the ownership of each real estate of this case, the ownership transfer registration was completed on the ground of inheritance due to a consultation and division as of May 10, 2002 with respect to the share 1/3, Defendant’s share 1/3, and 1/3 as to the share 1/3 as of May 10, 202.

(2) On January 5, 2005, the second real estate and the third real estate were combined with the first real estate on which January 5, 2005). The second real estate was registered for the preservation of ownership in the name of F on July 4, 1994 for the second floor storage and treatment facilities for the second floor of reinforced concrete structure on the ground of the third real estate (the gas station, the first floor, the 335.90 square meters, the 2nd floor 212.29 square meters, the 99.45 square meters (hereinafter “gas station”) and registered for the transfer of ownership in the name of F on October 31, 2002, with respect to the Plaintiff’s share 1/3, the Defendant’s share 1/3, the G 1/3, and the ownership 1/3 of the G 1/3 on May 10, 202.

On October 31, 2002, each of the instant real estates was established on October 31, 2002 by setting up each of the instant collateral mortgages in the name of the National Agricultural Cooperative Federation (121,630,600 UN Supreme Court Decision 121,630,600) on the grounds of the contract to establish each of the instant dates

On July 14, 2004, according to the Seoul Central District Court's provisional attachment order (2004Kadan3368) dated July 12, 2004, the provisional attachment registration of 1,575,000,000 won for the Plaintiff's shares of each real estate of this case was made by creditors H, and on September 8, 2004, the provisional attachment registration of 3,975,00,000 won for each real estate of this case was made by the Seoul Central District Court's provisional attachment order (204Kadan4642) dated September 6, 2004, and the provisional attachment registration of 204 for the Plaintiff's shares of each real estate of this case became the provisional attachment registration of 1,575,00,000 won for the creditor's shares of this case.

B. On November 11, 2004, the Defendant, to sell each of the instant real estate in the amount of KRW 13,200,000,000, to the Bank of Arts and Investment Co., Ltd.

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