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(영문) 창원지방법원진주지원 2016.09.27 2015가단33096
부당이득금
Text

1. The defendant (Counterclaim plaintiff)'s counterclaim of this case shall be dismissed.

2. The real estate listed in paragraph 3 in the separate sheet shall be the real estate.

Reasons

1. Basic facts

A. Possession of each real estate listed in the separate sheet Nos. 1 through 9 (1) of the real estate listed in the separate sheet No. 1 of the attached sheet (hereinafter “instant real estate No. 1”).

(1) On October 29, 2003, the Plaintiff owned Non-Party C’s ownership, and on October 29, 2003, the Plaintiff Company D Limited Company (hereinafter “D”).

(2) On October 3, 2004, on October 3, 2004, the registration of ownership transfer was made in the name of E, F and the Defendant’s attached G on the grounds of sale on the same day, and the registration of ownership transfer was made in the name of H on November 12, 2004 for G portion. (2) E and F completed the registration of ownership transfer on June 4, 2004 for each of their 1/3 shares among the instant 1 real estate (hereinafter “I”) with respect to each of their respective shares on June 3, 2004.

B. The ownership relationship of each real estate listed in the separate sheet No. 10 to 13 is 1) the real estate listed in the separate sheet No. 10 to 13 (hereinafter “instant real estate No. 2”) owned by Nonparty J.

On March 2, 198, the provisional registration of transfer of ownership was made in the name of C on March 2, 198, and thereafter, on November 21, 1990 and November 22, 1990, the registration of transfer of ownership was completed in the name of K on November 5, 2003, and on October 28, 2003, the registration of transfer of ownership was completed for each of 1/3 shares for E, F and G on October 28, 2003, and the provisional registration was made on November 12, 200 for G shares under the name of H on June 9, 204, and EF completed the registration of transfer of ownership for each of 1/3 shares among the real estate of this case on June 2, 2004 on June 9, 204.

C. D and K’s proceeding 1) E and F did not pay part of the purchase price by the agreed date, D and K’s proceeding 204Gadan32791 (hereinafter “1-related case”) against E and F, etc.

E and F. argument that the sales contract with E and F was rescinded.

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