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(영문) 대전고등법원 2016.09.02 2015나845
건물인도
Text

1. Of the judgment of the first instance court, the part on the claim for delivery of real estate against Defendant C and Defendant (Counterclaim Plaintiff) of the Plaintiff’s succeeding intervenor.

Reasons

1. The court of first instance dismissed the Plaintiff’s principal claim, and the succeeding intervenor’s claim against the Defendants was dismissed, and the claim for the transfer money was partially accepted, and the claim for the transfer of real estate and the claim for the return of unjust enrichment was dismissed.

Since the Defendants appealed against each part of the judgment against the Defendants, the scope of the judgment of this court is limited to the claims for the delivery of real estate against the Defendants by the succeeding intervenors and the claims for the return of unjust enrichment against Defendant D.

The succeeding intervenor's lawsuit and counterclaim are also examined.

2. Facts of recognition;

A. F is the Plaintiff’s children, G, and Defendant D’s children.

B. On November 4, 2010, the Plaintiff received advice from Defendant C, and completed each registration of ownership transfer after being awarded a bid of KRW 287 million for the instant land and buildings in the auction procedure for real estate rent.

C. The F, who was comprehensively entrusted by the Plaintiff with the authority to award the said successful bid and to manage and dispose of the instant land and buildings comprehensively, provided the instant land and buildings as collateral and borrowed KRW 250 million from the Sejong Mutual Savings Bank (hereinafter “SF”), and the Plaintiff jointly and severally guaranteed the above loan obligations (hereinafter “instant loan obligations”) on the same day, and thereafter G jointly and severally guaranteed the above loan obligations on November 7, 201.

G = F, November 3, 2010, KRW 9 million, the same month.

4. A total of KRW 19 million, including KRW 10,000,000, F used the said money as the expense for the registration of ownership transfer and the registration of establishment of mortgage over the instant land and buildings.

E. On December 15, 2010, Defendant C paid the lease deposit of KRW 15 million and KRW 500,000 for directors to the lessee with opposing power over the building of this case as of December 15, 201, as F.

F. Meanwhile, the Defendants from the Plaintiff around December 2010.

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