(영문) 서울중앙지방법원 2019.07.10 2018가합593505

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(영문) 서울중앙지방법원 2019.07.10 2018가합593505

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 15, 2013, the Plaintiff and the Defendant filed a lawsuit for the registration of transfer of ownership (Counterclaim) with Seoul Central District Court 2012Gahap68212 (principal lawsuit), and on November 15, 2013, upon filing a lawsuit for the registration of transfer of ownership, the Plaintiff and the Defendant paid the amount equivalent to KRW 596,961,60 and KRW 9,342,441 each month from September 14, 2013 to September 14, 2013. At the same time, the Defendant fulfilled the registration procedure for transfer of ownership with respect to one-half share of the buildings listed in the attached list, and at the same time performed the registration procedure for transfer of ownership for one-half share of the land listed in the attached list from the Plaintiff.”

B. The Defendant appealed with Seoul High Court Decision 2013Na81042 (principal lawsuit), 2013Na81059 (Counterclaim). On October 10, 2014, the said appellate court rendered a judgment that “The part against the Defendant regarding the counterclaim of the judgment of the first instance shall be revoked, and the Plaintiff’s primary counterclaim corresponding to the revoked part shall be dismissed, and the Plaintiff shall comply with the procedures for the registration of ownership transfer with respect to 1/2 shares in the land listed in the separate sheet, as well as with the Defendant’s performance of the procedures for the registration of ownership transfer with respect to 1/2 shares in the land listed in the separate sheet, and shall implement the procedures for the registration of ownership transfer for 596,961,600 won in the separate sheet, with respect to 5% per annum from September 14, 2013 to February 3, 2014; and 20% per annum from the next day to the day of full payment.”

The above judgment became final and conclusive on October 30, 2014.

(hereinafter the above judgment of the first instance court and the appellate court are collectively referred to as “the return of unjust enrichment, etc. of this case,” and the monetary part of the above judgment is referred to as “the claim or obligation of this case.”

On January 20, 2015, the Plaintiff: the Defendant, and the depositor.

유사 판례

-대전지방법원천안지원 2016.03.30 2015가단108549

-서울중앙지방법원 2018.05.16 2017가단5137685

-대전지방법원천안지원 2015.10.28 2015가단2405

-인천지방법원 2016.06.22 2014가단69107

-대전지방법원 2017.07.06 2016나111049