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(영문) 서울중앙지방법원 2021.02.24 2020가단5079727
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The RF and G couple were the original co-Plaintiffs of H, and they were withdrawn on September 7, 2020 through their preparation documents;

Defendant D, Defendant C, Nonparty I, and J. The Plaintiff is the wife of the Republic of Korea H, and Defendant C with three South Korea.

Attached Form

On December 10, 1997, the ownership on the real estate listed in the list (hereinafter “the instant real estate”) was the ownership of H, and the ownership was transferred on December 1, 1997 to the Plaintiff on December 1, 1997. On January 14, 2003, the ownership on December 28, 2002 came to be transferred to K and L on June 8, 2015.

On May 14, 1996, Defendant E Co., Ltd. (hereinafter “Defendant E”) was cancelled on June 2, 2015, when the registration of the establishment of the right to collateral security was completed on the real estate of KRW 280,000,000, the maximum amount of the claim amount of Defendant E Co., Ltd. as the debtor, Defendant E Co., Ltd. as the person with the right to collateral security.

[Ground of recognition] The Plaintiff’s assertion and H on the ground of claim as to the Plaintiff’s assertion that there was no dispute, Gap’s evidence Nos. 1 and 2 (including the number number; hereinafter the same shall apply) and the entire pleadings, and the ground for claim management of the real estate of this case. Defendant B, C, and D conspired with the Plaintiff on January 14, 2003 and completed the registration of transfer of ownership (hereinafter “registration of transfer of ownership of this case”) on December 28, 2002 (hereinafter “registration of transfer of ownership”).

Since the Plaintiff did not receive the purchase price from Defendant B and did not consent to the transfer of ownership, the registration of the transfer of ownership of this case and the sales contract of this case, which caused it, are null and void.

After completing the registration of transfer of ownership of this case, Defendant B, C, and D paid only a part of the rent of this case’s real estate and did not pay the remainder, thereby unjust enrichment. As above, Defendant B, C, and D suffered loss equivalent to the above rent revenue to the Plaintiff due to a tort that

Defendant.

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