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(영문) 수원지방법원안양지원 2019.11.01 2017가단10846
부당이득금반환 등
Text

1. The defendant,

A. The Plaintiff (Appointed Party), KRW 12,845,704, and the aforementioned amount shall be fully paid from November 2, 2019.

Reasons

1. Facts of recognition;

A. On December 12, 2005, the registration of preservation of ownership (hereinafter “registration of preservation of ownership”) was completed with the entrustment of registration of provisional seizure filed by F against Defendant G, H, I, J, K, L (hereinafter “Defendant et al.”) on the real estate listed in the separate sheet on December 12, 2005 (hereinafter “instant E”) with the Defendant, G, H, I, J, K, and L (hereinafter “Defendant et al.”).

B. Since then, among the instant E E, the procedures for compulsory auction (Seoul Central District Court M, hereinafter “instant auction procedure”) was conducted with respect to the Defendant’s 1/7 shares and G 1/7 shares, and the Selection C was awarded a successful bid of the said 2/7 shares of the Defendant and G in the instant auction procedure and completed the registration of transfer of ownership on November 3, 2016.

C. After that, on September 13, 2017, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) completed the registration of ownership transfer based on the partition of co-owned property on August 25, 2017, as to the 1/7 shares in the instant subparagraph E, as to the Selection C’s shares in J and H-2/7 shares, the Selection D completed the registration of ownership transfer based on the partition of co-owned property on August 25, 2017.

Plaintiff

C 4/7 shares in the period of possession and use of shares (t.e., less than won) KRW 237,142 from November 3, 2016 to September 12, 2017 (i.e., KRW 830,000 to X 2/7 shares) from September 13, 2017 to April 2, 2019 (i.e., KRW 830,000 to X 4/7 shares) Plaintiff 1/7 shares in Plaintiff 1/7 (i.e., KRW 830,000 to X 4/7 shares) (i.e., KRW 830,000 to April 118, 2017 to April 2, 2019 (i.e., KRW 830,000 to X 1/7 shares). D 2/70 to September 13, 2017 to KRW 237,208.

D. After the construction of the instant subparagraph E, the Defendant occupies the instant subparagraph E until now, and the rent from November 3, 2016 to April 2, 2019 for the instant subparagraph is as follows.

E. Meanwhile, on August 30, 2019, the Plaintiff, Appointed C, and D filed a lawsuit against the Defendant seeking the delivery of the instant E by Seoul Central District Court 2017Kadan82858 and received a favorable judgment from the said court.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, the result of appraiser N's appraisal of rent, the purport of the whole pleadings

2. Determination as to the cause of action

A. The above facts of recognition are examined.

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