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(영문) 전주지방법원 2018.09.13 2017나11387
손해배상(기)
Text

The plaintiff's appeal against the defendants is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

purport, purport, and.

Reasons

In fact, on October 8, 2010, the Plaintiff completed the registration of ownership transfer with respect to the land of 1,196 square meters and E 452 square meters (hereinafter “instant land”).

On the instant land, a building with five-story tenements of reinforced concrete structure built (hereinafter referred to as “non-permanent housing”), and F Co., Ltd. completed the registration of ownership transfer on June 13, 201.

The Plaintiff filed a lawsuit against F (Representative Directors) seeking unjust enrichment equivalent to the cost of removal of buildings and rent for land by Jeonju District Court 2012Kadan18828.

On September 12, 2013, the above court rendered a ruling that “F shall remove the apartment house to the Plaintiff and pay the amount calculated by the ratio of KRW 3,428,800 per month from June 14, 2011 to the completion date of the removal of the apartment house” and the above ruling became final and conclusive on October 19, 2013.

On January 19, 2015, the Plaintiff filed a lawsuit against Defendant C, who had resided in the apartment house G on January 19, 2015, seeking payment of the agreed amount under the head of Suwon District Court 2015dan1022.

(hereinafter “Related Cases”). On December 8, 2016, the said court rendered a favorable judgment against the Plaintiff.

As to this, Defendant C filed an appeal with Suwon District Court 2016Na79427, but the above court dismissed Defendant C’s appeal on June 27, 2017, and the above judgment became final and conclusive on July 13, 2017.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 4, and the purport of the whole argument as to the plaintiff's assertion was prepared on January 25, 2012 by the plaintiff as follows.

Defendant F Representative Co., Ltd. is a friendly relationship with H, and H, I, J, and K (hereinafter “H”) is a new business entity.

On June 9, 2011, Defendant B completed the registration of ownership transfer in the name of F Co., Ltd. with respect to the apartment house on the instant land owned by the Plaintiff.

However, the fact is that the defendant B lends his name.

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