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(영문) 서울중앙지방법원 2015.06.25 2015가단6829
부당이득금
Text

1. All claims filed by the Plaintiff (Appointed Party) and the Appointed G are dismissed.

2. The costs of lawsuit are assessed against the Plaintiff (Appointed Party).

Reasons

1. Presumed factual basis

(a) A list of attached real estate;

2. The Plaintiff (Appointed Party) purchased 3/4 shares out of the instant land and 1/4 shares out of the instant land and acquired ownership on April 30, 2008, respectively, on a voluntary auction procedure for the land indicated (hereinafter “instant land”).

B. On the land of this case, the annexed real estate list

1. The construction of the registered building (hereinafter “instant building”) was completed on September 20, 2005, and the registration of ownership transfer was completed on April 19, 2007.

(1) Partial omission of decisions

2. By September 30, 201, the Plaintiff (Appointed) and the Appointed G (hereinafter “Plaintiffs”) and the Defendants B, C, D, E, and J perform the following obligations:

However, each of the above defendants' obligations is concurrently in the performance relationship with the plaintiffs' obligations.

The following:

A. The Plaintiffs shall pay KRW 100 million to Defendant B, C, D, and E.

B. Defendant B, C, D, and E refers to the land and buildings of this case as indicated in the separate sheet No. 1 list to the Plaintiffs.

the Seoul Central District Court 2007Kadan72946, received on July 19, 2007, implemented the revocation procedure of the provisional disposition order (No. 9 of the order of priority on the register) (No. 2007Kadan72946).

(c) (Omission of Part) (3).

4. The plaintiffs waive their remaining claims.

C. The Plaintiff (Appointed Party) and the Appointed G filed a lawsuit seeking the removal of the instant building and the transfer of the instant land against Defendant F, etc. as the court 2010da195366, 2010da4915 (Joint) and sought the removal of the instant building, the delivery of the instant land, and the return of unjust enrichment, etc., and subsequently, filed a lawsuit seeking the removal of the instant building and the transfer of the instant land against Defendant B, C, D, and E.

On June 15, 2011, the court rendered a decision in lieu of conciliation (hereinafter “instant conciliation decision”) including the following matters, and the instant conciliation decision became final and conclusive around that time.

[Reasons for Recognition] Class A, Nos. 1, 2, and B

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