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(영문) 서울중앙지방법원 2015.11.27 2015가단5025658
사해행위취소
Text

1. A sales contract concluded on September 5, 2014 between the defendant and the non-party C with respect to the real estate stated in the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff was in the relationship between C and C from 1997 to January 2005.

The defendant is the female life of C.

B. Around 2003, the Plaintiff purchased 1,2, and 4 real estate in the attached list, and 1,686 square meters in the sports E, forest E, 1,686 square meters in F forest land, 1,686 square meters in G forest, 1,686 square meters in the attached list, and 1,052 square meters in the attached list. (2) On April 4, 2003, the Plaintiff completed the registration of transfer of ownership under C and D’s name with respect to the above real estate and 4 real estate listed in the attached list, and with respect to the remaining real estate, 1,052 square meters in C and D’s name.

After that, 1,686 square meters of the above F forest were divided into 6,8 and I land in the attached list, and the land category was changed.

Before the above H, the land category of 1,052 square meters was divided or changed with 3,5,7 land listed in the attached list.

3) The Plaintiff bears 123,500,000 won out of the purchase price of each of the above real estate acquired under the name of the Defendant. The Plaintiff and the Defendant, within the country, share in the Plaintiff’s share as to the purchase price shared by the Plaintiff, and an agreement to externally register in the name of the Defendant (hereinafter “Agreement”).

C. C. On March 4, 2013, the Plaintiff filed a lawsuit against C seeking the payment of unjust enrichment of KRW 123,500,000 and delay damages.

2) On September 18, 2014, the court rendered a ruling that “C shall pay to the Plaintiff 123,500,000 won with 5% per annum from April 4, 2003 to September 18, 2014, and 20% per annum from the next day to the day of full payment” (Seoul High Court Decision 2014Na286, the instant agreement constitutes a contract title trust agreement, and even though the seller, a buyer, acquired real estate ownership, he/she received 123,50,000,000 won as real estate purchase price from the Plaintiff under an invalid title trust agreement, the court rendered a ruling that unjust enrichment.

(2).

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