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(영문) 서울남부지방법원 2015.07.17 2014가단200309
부당이득금
Text

1. Among the instant lawsuits, the primary and ancillary claims sought by subrogation of E are the parts of each selective claims.

Reasons

1. Case summary

A. On July 8, 2010, F filed a lawsuit against E seeking the payment of the construction cost as the Sungnam Branch of Suwon District Court 2010 Gohap9654.

On February 10, 2011, the above court rendered a judgment that “E shall pay F 571,619,750 won and the amount calculated by the rate of 20% per annum from September 9, 2010 to the date of full payment,” and the above judgment was finalized on March 26, 2011.

B. Based on the foregoing judgment on June 1, 201, F filed an application for commencement of compulsory auction with respect to a child care center owned E (hereinafter “instant building”) located on the ground of Pyeongtaek-si J-si and 218 square meters prior to K (hereinafter “instant land”) owned by Suwon District Court G and H (Dual) based on the foregoing judgment on June 1, 201, and received a decision to commence compulsory auction on June 2, 2011.

(hereinafter “instant compulsory auction”). C.

On June 4, 2010, the Plaintiff concluded a sales contract to purchase the instant land and the instant building in KRW 1,100,000 from the F claimed as the agent of I and E, and paid F the down payment of KRW 150,000,000 on the same day.

However, it became clear that F has no legitimate authority to conclude a sales contract for the instant land and building on behalf of F.I and E.

On August 24, 2010, the Plaintiff entered into a lease agreement to lease the instant building from E to KRW 50,000 from August 24, 2010, and completed the registration of the establishment of chonsegwon on August 24, 2010.

E. The Plaintiff paid F the sum of KRW 10,000,000,000,000 to F with the instant costs for compulsory auction, in order to recover KRW 150,000,000,000 paid as above from F.

F. F Between the Plaintiff and the Plaintiff on September 27, 2011, the F’s claim for construction cost of KRW 571,619,750 against F for E (the instant claim for provisional attachment against the instant building and all the rights included therein; hereinafter “instant claim”).

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