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(영문) 서울고등법원 2019.06.20 2018나2073028
부당이득금
Text

1. The part of the judgment of the court of first instance against the defendant (appointed party) and the appointed party shall be revoked, and the revoked part shall be revoked.

Reasons

1. Basic facts

A. On July 31, 2013, the Plaintiffs purchased from G and N the building indicated in Seongdong-gu, Seongdong-gu, Seoul H large 314.7 square meters (hereinafter “instant land”) and the attached list on the above ground (hereinafter “instant building”). On August 16, 2013, the Plaintiffs completed Plaintiff A3/10 shares, Plaintiff F7/10 shares, and each share ownership transfer registration on the instant land and building on July 31, 2013.

On the other hand, creditors of G and N, including Korea Credit Guarantee Fund, O, P, and Q, claimed that the above sales contract between the plaintiffs, G, and N was a fraudulent act on or around September 2013 and December 12, 2013, and sought revocation and restoration from the original state, and completed the registration of provisional attachment and provisional disposition with respect to the land and buildings of this case.

(The details of the fraudulent act cancellation, provisional disposition, etc. are as shown in the attached Form. (B).

On December 24, 2013, the Plaintiffs and Defendant B agreed to conclude a sales contract on the pertinent land and buildings when litigation, such as revocation of fraudulent act, becomes final and conclusive as to the instant land and buildings, and when the registration of preservative measures such as provisional attachment, provisional injunction, etc. is cancelled. At the same time, Defendant B received delivery of the instant building on the following occasions: (a) as to the whole of the instant land and buildings by setting the term “the lease deposit amount of KRW 250,000,000, and the term of the lease from December 24, 2013 to the date of cancellation of provisional attachment, provisional disposition registration, etc. on the register of the said land and buildings” (hereinafter “instant agreement”; and (b) the contract to establish a lease on a deposit basis is referred to as “the lease on a deposit basis”; and (c) around that time, Defendant B received delivery of the instant

다. 그 후 피고 B는 피고 C에게 이 사건 건물 1층 중 별지 도면 표시 1, 2, 5, 6, 1의 각 점을 차례로 연결한 선내 ㈎부분 50㎡를, 피고 D에게 이 사건 건물 3층을, 피고 E에게 이 사건 건물 1층 중 별지 도면 표시 2, 3, 4, 5, 2의 각 점을 차례로 연결한 선내...

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