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(영문) 의정부지방법원고양지원 2019.01.11 2018가합74085
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. (1) On January 14, 2013, the Defendant completed the registration of the establishment of a new establishment with respect to the total five parcels of the F, G, H, I, and J land owned by the Defendant (hereinafter referred to as the “instant clan”) with respect to D clans, the chairperson of D clans (hereinafter referred to as the “instant clans”), the debtor K (the former chairperson of the instant clan), the maximum debt amount of which is KRW 700 million.

(2) On February 3, 2014, K forged a power of attorney in the name of E and a certificate of termination of the establishment of a mortgage, and completed registration of cancellation on the ground of termination of the registration of establishment of a mortgage in the name of E on February 3, 2014. K was sentenced to a four-year conviction of imprisonment with labor under the above facts constituting the crime, etc., and K’s appeal and appeal were dismissed.

(A) No. 6, including identification number, hereinafter the same shall apply). (b)

(1) On February 27, 2014, Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) completed the registration of transfer of ownership on the ground of a sale contract on F land (i.e., subdivision of L), G land (ii) and G land (ii) from the Defendant on January 14, 2014.

Plaintiff

A completed the registration of ownership transfer for L/N land on August 24, 2015.

(B) On March 24, 2014, the Defendant completed the registration for transfer of ownership with respect to H land (which became land due to the correction of the area and the registration conversion on March 12, 2015, R, S land subdivisions) and J land (which became land subject to registration conversion on March 12, 2015) on the following grounds: (a) on March 24, 2014, the Defendant completed the registration for transfer of ownership with respect to H land (which became land subject to registration conversion on March 12, 2015).

On March 16, 2015, the registration of transfer of ownership was completed in U.S. on each of the above lands, and the registration of transfer of ownership was completed in V and three other days on the same day, and on August 27, 2015, the registration of transfer of ownership was completed on August 26, 2015 in the name of Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”).

(A) Evidence No. 2-4, 5). (c)

(1) E is the establishment registration of a new mortgage against Plaintiff A, Defendant, etc. as the court 2015Gahap75766.

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