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(영문) 의정부지방법원 2015.04.17 2014나11780
부당이득금
Text

1. Of the judgment of the first instance court, KRW 12,500,000 against the Defendants, respectively, and Defendant B against the Defendants, on February 19, 2014.

Reasons

1. Basic facts

A. The networkF (hereinafter “the network”) completed the registration of transfer of ownership as to the real estate listed in paragraph (2) of the attached Table No. 4 on June 7, 1990 on the ground of sale and purchase on June 22, 1990 by the Daegu District Court, the Daegu District Court and its racing support No. 21934, Jun. 22, 1990; as to each real estate listed in paragraphs 1 and 3 of the same list, on the ground of sale and purchase on July 3, 1990, received on April 11, 1991 at the same court; and as to each real estate listed in paragraphs (2) of the same list, on August 9, 1992 at the same court No. 28356, Aug. 12, 1992.

B. On the other hand, on June 7, 191, the Plaintiff received a written request for appraisal, a written contract to establish a mortgage (the creditor and the mortgagee of a collateral security, the deceased of a collateral security), a written statement of confirmation of existence of the leased property, a written statement of waiver of ownership, and a certificate of personal seal impression for consent to appraisal from the deceased.

C. After that, the Plaintiff filed an application for provisional attachment with the amount of KRW 50,000,000 for each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) as Daegu District Court and the Daegu District Court and the 96Kahap587, and received a decision to accept the application on June 19, 196, and the provisional attachment entry registration accordingly (hereinafter “registration of provisional attachment”). On the same day, the provisional attachment registration was completed.

On the other hand, each real estate listed in the separate sheet Nos. 2, 3, and 4 was sold to other on January 27, 1997 during the voluntary auction procedure, and accordingly only the real estate listed in paragraph 1 of the same list among each of the real estate of this case (hereinafter “the real estate No. 1”) left the name of the deceased, and among which, on February 9, 1998, the deceased obtained a certificate of personal seal impression in the name of the deceased who was a real estate purchaser and delivered it to the plaintiff around that time.

E. After that, the Deceased died on February 10, 2005, and accordingly, the Defendants, who are the lineal descendants of the Deceased, jointly succeeded to the first order. After that, Defendant B succeeded to the first real estate on November 15, 2013 by agreement and division as of February 10, 2005.

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