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(영문) 서울동부지방법원 2014.04.08 2013가합6467
부당이득금반환
Text

1. The Plaintiff. The Defendants’ 4,243,315 won, Defendant C’s 1,201,299 won, and each of the above amounts from May 9, 2013.

Reasons

1. Basic facts

A. Of the real estate listed in paragraph (1) of the list of the attached real estate, the registration of partial ownership transfer was completed in Defendant B with respect to the 661/1295 shares, and the registration of full ownership transfer was completed in Defendant C and D with respect to the 317/1295 shares. However, E and F purchased the above shares from Defendant D on July 11, 2009 and completed the registration of full ownership transfer in E and F on July 28, 2009 with respect to the 158.5/1295 shares on July 28, 2009, respectively. The Plaintiff and the Plaintiff purchased the shares from F on November 16, 2009 from the Plaintiff on November 16, 2009, the entire share transfer was completed in the future with respect to the Plaintiff and G on November 25/1295 of each share on November 18, 2009, and after G and F purchased the shares from the Plaintiff on May 29, 20195.

B. Of the real estate listed in paragraph (2) of the list of real estate in the separate sheet, the registration of partial ownership transfer was completed in Defendant B, and each share transfer was completed in Defendant C and D in relation to each of the shares 317/1295. However, the Plaintiff and G purchased the shares from D on May 12, 2010 and completed the entire registration of partial ownership transfer in the future with the Plaintiff and G on May 18, 2010 with respect to each of the shares on May 18, 2010.

C. Of the real estate listed in paragraph (3) of the list of the attached real estate list, each ownership transfer registration was completed in Defendant C and D in the future. However, as to July 11, 2009, E and F purchased the above shares from D on July 28, 2009, the entire share transfer registration was completed in E and F on July 28, 2009. The Plaintiff and G purchased the said shares from F on November 16, 2009 and completed the entire share transfer registration in the future with respect to 1/8 of each share on November 18, 2009. After that, G purchased the said shares from E on September 6, 2010 and completed the entire share transfer registration in G on September 14, 2010.

Attached Form

Defendant C and D. As to each of the real estates listed in paragraphs 4, 5, 6, and 8 of the list of real estates 1/2.

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