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(영문) 수원지방법원 2010.07.08 2009가합6793
부당이득금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay KRW 31,200,000 to the Plaintiff (Counterclaim Defendant) and its amount from June 1, 2007 to July 8, 2010.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. C and D, a husband and wife, are 1) On April 12, 2004, the building F with the size of 4 underground floors and 10 stories above ground on the ground of 1,277.9 square meters in Yongsan-gu, Seoyang-si, Seoyang-si, Manyang-si (hereinafter “F”).

(C) After construction, the registration of initial/2 shares of each of the above buildings has been completed. C. D. each of the real estate listed in the separate sheet Nos. 1001 and No. 1002, No. 1002, of F, to G, who is a constructor who constructed F.

B calculated as KRW 500,000 and transferred as a part of the construction cost. G again demanded that C and D complete the registration of ownership transfer under the name of the original defendant with respect to the instant building, while transferring it again to the Defendant, and that the original Defendant would have completed the registration of ownership transfer under the name of the original defendant with respect to the instant building. Accordingly, on the ground of sale and purchase as of October 11, 2004 for the first/2 shares owned by D and for the first/2 shares owned by C, on April 15, 2005.

3. 15. Each plaintiff completed the registration of ownership transfer on the grounds of each of 15.1.

2) The original defendant on May 20, 2006 (hereinafter referred to as the “Modin”) was Modion Co., Ltd. (hereinafter referred to as “Modin”).

(1) On May 19, 2008, the instant building was leased as security deposit KRW 70,000, monthly rent KRW 4,800,000, and the lease period from May 20, 2006 to May 19, 2008 (hereinafter “instant lease contract”).

(B) The Defendant was fully paid the rent from May 20, 2006 to June 19, 2007. B. The Defendant, on May 10, 2002, engaged in the transaction related to the land located in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, Daejeon-gun, and 4,418 square meters (hereinafter “instant land”).

After completing the registration of ownership transfer on the ground of a sales contract dated April 9, 2002, with respect to the land of this case on October 7, 2003, provisional registration based on the right to claim ownership transfer registration on the ground of the purchase and sale reservation made on September 8, 2003 (hereinafter “the provisional registration of this case”).

B. The Defendant was the owner of the instant land on the access road to the instant land.

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