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(영문) 서울중앙지방법원 2018.08.22 2016가단36889
부동산퇴거 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

Attached Form

On December 23, 2015, the registration of ownership transfer was made on December 22, 2015 for each real estate listed in the list on the list on December 23, 2015.

Defendant B resides in the real estate listed in the attached Table 1, the real estate listed in the attached Table 2, and the real estate listed in the attached Table 3, respectively.

(2) The Plaintiff’s assertion that the Plaintiff’s assertion of the Plaintiff regarding the Plaintiff’s assertion as to the grounds of the claim as to the entry of the Plaintiff’s evidence Nos. 1 through 5 and the purport of the entire pleadings is owned by the Plaintiff. Since the Defendants occupied the aforementioned three real estate without any title, the Defendants are obligated to withdraw from each of the instant real estate and return unjust enrichment equivalent to the rent gained by occupying the instant real estate.

The Defendants’ assertion that each of the instant real estate was owned by E (hereinafter “Nonindicted Company”). The representative director of the Nonparty Company F was in breach of trust for the purpose of securing personal guarantee obligation against G representative director of the Plaintiff Company, and the Plaintiff was actively involved in the F’s act of breach of trust, and thus, the registration of transfer of ownership in the future is null and void.

At the time of the sales contract between the non-party company and the plaintiff for each real estate of this case, F did not have the right to represent the non-party company, and abused the power of representation. Since the plaintiff was well aware of this, it is null and void. The transfer of ownership registered in the future of the plaintiff constitutes a transfer for security, which is null and void against the nature of the transfer for security, and

Facts of recognition

On May 13, 2015, the non-party company purchased IB L 8 bonds including each real estate listed in the separate sheet with a loan of KRW 1 billion from H organizations, and registered the ownership transfer in the name of the non-party company on June 4, 2015.

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