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(영문) 서울남부지방법원 2017.09.22 2015가합105866
부당이득금반환 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 6,948,210 to the Plaintiff (Counterclaim Defendant) and its related amount from August 17, 2016 to September 22, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 26, 1995, the Plaintiff, Defendant, and C owned 2/3 shares of each real estate listed in the separate sheet (hereinafter referred to as “instant building”) upon the agreement on the division of inherited property on October 26, 1995. However, the Plaintiff purchased shares from C on June 21, 200 and completed the registration of ownership transfer on July 19, 200, thereby owning 2/3 shares.

B. On January 6, 2003, the Plaintiff sold 2/9 shares of the instant building to D, and completed the registration of ownership transfer on February 20, 2003, and the Defendant purchased the said shares from D on March 18, 2014 and completed the registration of ownership transfer on March 19, 2014. The following are arranged:

As of February 20, 2003 from March 18, 2014 to March 19, 2014, Plaintiff 4/9/9 D 2/9 as of March 19, 2014 to Plaintiff 4/9/9 [Grounds for Recognition], Gap evidence No. 1 (if a provisional number is available, including each number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Determination as to the claim on the principal lawsuit

A. Determination as to the cause of the claim 1) The summary of the cause of the claim that the Defendant received as “after May 2014” and the Defendant’s payment of rent for 3,400,800,000 91,80,000,000 31,20,200,000 30,000,000 27,000,000,000,000 1,50,000,000,000,000,000,000,000,000,000, 26 months, 26 months, 1,100,000,0000,000 26 months, 26 months, 20,000, 6 months, 6 months, 200, 000, 26 months, 3000, 26 months, 2005, 2000.

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