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(영문) 광주지방법원 2019.04.30 2018가단511947
부당이득 및 대여금
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. The deceased E (hereinafter “the deceased”) died on July 17, 2017, and his spouse B, Defendant C, and D jointly inherited.

The plaintiff is the biological friendly of the deceased.

B. On January 5, 2012, the Plaintiff entered into a contract with the Deceased to sell the purchase price of KRW 93,000,000,000, the FJ 684 square meters and G 1,954 square meters (hereinafter “each of the instant real estate”). On January 6, 2012, the Plaintiff completed the registration of the deceased’s ownership transfer (hereinafter “the instant registration of ownership transfer”) on January 6, 2012.

C. The Credit Guarantee Fund asserted that the instant sales contract was a fraudulent act and filed a claim for revocation of the fraudulent act and restitution to its original state. On July 17, 2012, the Credit Guarantee Fund completed provisional disposition registration upon receipt of a decision of provisional injunction.

Accordingly, on November 20, 2013, the deceased agreed to pay 30,000,000 won to the Credit Guarantee Fund for the reimbursement of the Plaintiff’s indemnity against the Credit Guarantee Fund, and the remainder of the obligation is 688,000 won per month, and the Credit Guarantee Fund withdraws the application for provisional injunction and completed the registration of cancellation of provisional injunction on November 25, 2013.

E. On August 5, 2014, the Deceased sold each of the instant real estate to H and I for KRW 220,000,000,000, and KRW 7,000,000,00. After the Deceased received full payment from H and I, the Deceased’s transfer of ownership was completed on October 10, 2014 and 1/2 shares in the future.

F. (1) In addition to the above paragraph (d) above, the Deceased paid for KRW 12,00,000 for the Plaintiff’s indemnity liability to the Credit Guarantee Fund. (2) On July 13, 2012, the Deceased assumed the obligation of the loan agreement between the Plaintiff and the J Association, and completed the registration of the change of the debtor to the Deceased on the same day.

3) On October 10, 2014, the Deceased repaid the amount of KRW 67,00,000 to JA as a collateral obligation of the right to collateral security (which is a collateral obligation of the right to collateral security).

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