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(영문) 청주지방법원 2019.12.19 2018가단29740
부당이득금
Text

1. The Defendant: KRW 52,684,583; KRW 8,548,733; KRW 4,986,761; and KRW 4,986,761; and each of the above.

Reasons

1. Facts of recognition;

A. On February 11, 2014, Plaintiff B, C, D, and E entered into a sales contract of KRW 28 million with the Defendant clan (former representative G) for the real estate No. 1 listed in the separate sheet, and completed the registration of ownership transfer (each 1/4 shares) on the same day.

B. On September 11, 2014, Plaintiff A and B entered into a sales contract with Defendant clan (former representative G) for KRW 15 million with respect to real estate No. 2 listed in the separate sheet, and received the registration of ownership transfer on September 12, 2014 following the date.

(A2/3 Shares, B 1/3 Shares). (c)

Plaintiff

A around September 11, 2014, a sales contract of KRW 30,813,780 with regard to real estate 3 through 5 listed in the separate sheet was concluded between Defendant clan (former representative G), and the next day the registration of ownership transfer was completed, and around November 10, 2014, a sales contract of KRW 33,140,450 with respect to real estate 6 listed in the separate sheet was concluded, and the registration of ownership transfer was completed on the same day.

Around January 2015, Defendant clan filed a lawsuit against the Plaintiffs for the enforcement of the procedure for cancelling the registration of transfer of ownership at the appellate court on September 21, 2017, which led by the representative G at the time on September 24, 2017, and the resolution of the general assembly was not effective due to the defect in the convocation procedure, and accordingly, Defendant clan was sentenced to a judgment accepting the claim of Defendant clan on the ground that each of the above sales contracts with the Plaintiffs is null and void as a juristic act by a person who is not authorized (the same court 2016Na1317). The final appeal was dismissed, and the above judgment became final and conclusive on January 12, 2018.

E. After that, each registration of ownership transfer in the name of the Plaintiffs was cancelled on April 5, 2018 with respect to each real estate listed in the separate sheet (hereinafter collectively referred to as “instant real estate”).

F. At the time, Plaintiff A was the representative of Defendant clan at the time, Plaintiff B was the wife of G, Plaintiff B’s fraud, Plaintiff E was the wife of G, Plaintiff D was in a personal relationship with G and the money of the Plaintiffs.

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