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(영문) 인천지방법원부천지원 2020.02.06 2018가단104681
부당이득금
Text

1. As to real estate listed in the separate sheet:

A. Defendant C: (a) on March 2, 201, the Incheon District Court Branch Branch of the Incheon District Court.

Reasons

1. Facts of recognition;

A. On July 15, 2009, the Plaintiff’s claim against E filed an order with Suwon District Court for the payment of KRW 300 million and delay damages for the purchase price of KRW 200 million with the Suwon District Court subsidies 2009Da6023, and E filed an objection against the above court’s payment order on July 30, 2009, and on July 5, 2010 in the above case, the mediation was established that “E shall pay KRW 300 million to the Plaintiff by July 31, 2010, but if the above payment date is not made by the above payment date, E shall pay the payment by adding the delay damages with KRW 20% per annum from the date following the date of payment.”

(Ogsan District Court Decision 2009Gahap9260). (b)

(1) The defendant C shall have the right to transfer the ownership of this case (hereinafter referred to as "the real estate of this case") on the attached list, owned by the defendant C.

(3) As to the registration of transfer of ownership by reason of sale on January 29, 2011 (hereinafter “instant registration of transfer of ownership”) from the Incheon District Court Branch of District Court No. 19947, Mar. 2, 2011.

(2) On November 29, 2010, Defendant D completed the registration of the establishment of a mortgage over the instant real estate with the maximum debt amount of KRW 462 million to FF associations. On March 3, 2011, Defendant C acquired the loan to Defendant DF associations, and completed the additional registration of the said right to collateral security prior to the said registration.

C. While the financial status of E does not have any particular positive property, it was in excess of the debt due to the purchase price of this case against the Plaintiff as a small property.

[Reasons for Recognition] In the absence of dispute, Gap evidence Nos. 2-1, 2, Gap evidence Nos. 5, 11, Eul evidence No. 2, Eul evidence No. 2, response to the submission of taxation information to the Deputy Director of the District Tax Office of this Court, the result of response to the submission of financial transaction information to the F.F. New Branch of the F.F.

2. The parties' assertion

A. The Plaintiff’s assertion E purchased the instant real estate from Defendant D on January 29, 201.

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