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(영문) 창원지방법원 2019.10.22 2019가단102171
부당이득금
Text

1. The defendant shall be the plaintiff.

(a) 36,938,830 won and the rate of 12% per annum from September 10, 2019 to the date of full payment.

Reasons

1. Basic facts

A. As to the buildings listed in the separate sheet (hereinafter “the apartment of this case”), the registration of ownership was completed as follows.

On December 28, 2004, the title holder of the date of registration, the grounds for registration for the establishment of a plan for the establishment of a private partnership on December 23, 2010, D, and E on November 23, 2010, sale due to a compulsory auction on May 11, 2015, Plaintiff 3 by voluntary auction on May 7, 2015

B. Around 2004, C had started construction works for apartment G-dong (H, 18 generation on the ground and three underground units; hereinafter “H”) on the ground, such as the land of the land of the Gangseo-gu Busan Metropolitan City, but suspended the construction work due to financial reasons.

On December 28, 2004, the registration of preservation of ownership has been completed in the name of the Co., Ltd. due to the entrustment by the decision of provisional disposition.

C. On July 15, 2003, the Defendant invested funds in H’s construction business, and on July 15, 2003, the Dispute Resolution Co., Ltd agreed to transfer H to the Defendant if the Defendant fails to pay KRW 450,000,000.

The defendant filed a lawsuit against the Busan District Court 2005Gahap9473 on June 15, 2006 for the registration of ownership transfer against H's sectionally owned buildings, including the apartment of this case, to execute the registration procedure on July 15, 2003, and the above judgment became final and conclusive around that time.

The defendant has taken over the apartment house of this case from the early July 2006, and has been residing until now.

E. Meanwhile, D shall complete the registration of ownership transfer by being awarded the instant apartment jointly with E on November 23, 2010 from the procedure for compulsory auction (U.S. District Court I) filed by creditors of C to the effect that the creditor of C has applied for.

D brought a lawsuit against the Defendant and the Defendant’s husband J against Busan District Court 201Kadan120602, and the Defendant asserted a lien of KRW 144,650,000, paid by the Defendant as the preserved claim, when implementing the construction of the heading, water tank, septic tank, fishing tank, and juries from July 2006 to July 2007.

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