(영문) 수원지방법원안산지원 2016.03.18 2014가단102630

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(영문) 수원지방법원안산지원 2016.03.18 2014가단102630

부당이득금

Text

1. The Defendants shall jointly and severally serve as KRW 100,000,000 on the Plaintiff and as a result, from March 19, 2014 to March 18, 2016.

Reasons

1. Basic facts

A. D completed registration of preservation of ownership on June 1, 2006, the third floor E Nos. 303-305 (hereinafter “instant commercial building”) in the name of D and F, and completed registration of preservation of ownership in the name of D and F. D, and completed registration of ownership in the name of G on June 1, 2006.

B. Around November 10, 2010, D entered into a contract to establish a right to collateral security with H as to the instant commercial building, and completed the registration of establishment of a right to collateral security, which is from November 30 to November 30, 2011, under the name of H, with respect to the instant commercial building on March 4, 201.

C. On January 18, 2011, Defendant B entered into an exchange contract with the instant commercial building and one other, the Defendants and one trustee, and one other, respectively. The Defendants completed the registration of ownership transfer as to the instant commercial building on May 20, 201.

On January 20, 2012, the Defendants entered into an exchange contract with J and the pertinent commercial building to exchange pents located in K in Incheon Cheongjin-gun owned by J, and thereafter the J entered into an exchange contract with the Plaintiff and the Plaintiff, including the content of transferring the ownership of the instant commercial building.

Defendant B’s “A” L - Details of the implementation of the agreement - “A” and “B” shall be agreed upon and implemented as follows:

A person who has violated this shall be exempted from all civil and criminal responsibilities.

1. “A” will proceed with a life-saving suit with a lessee of a commercial building in the 303, 304, and 305, located in the Gyeonggi-si E-si, Seoul Special Metropolitan City, the B, instead of “B”.

2. “A” shall be compensated “B” for the excess amount, if the unpaid rent of the present tenant exceeds the deposit due to various relations, such as the tenant and the luxiness Litigation of the said real estate.

3. “B” will, by October 15, 2012, complete the transfer of ownership and the succession to obligations of the above real estate.

(e)in accordance with each exchange contract described in the preceding paragraph.

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