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(영문) 인천지방법원 2014.04.10 2013가합11627
약정금
Text

1. The Defendant’s annual interest in KRW 5,797,746 and KRW 5,768,509 from July 12, 2013 to April 10, 2014.

Reasons

1. Basic facts

A. The plaintiff, defendant, C, D, E, and F are children of the network G (hereinafter all referred to as "the plaintiff, defendant, etc.").

B. Around H 2317 square meters prior to the division, G was owned by G. However, on April 14, 1994, G did not have purchased the said land from G, the registration of ownership transfer was made in one name on the said land based on sale on March 6, 1978, pursuant to the former Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 4502, the invalidation).

C. G’s children, including the Plaintiff, who became aware of the above facts, requested I to return the above land, but I did not return it. On April 23, 2008, G filed a lawsuit against I on April 23, 2008 against I, Incheon District Court 2008Gahap669, which was the District Court 2008Gahap669. On April 26, 2000, before the said lawsuit was filed, the part of the above land was acquired through consultation with the head of the potter-gu Office as a public site. On November 27, 2006, I sold the remainder of the above land to J, thereby changing to the lawsuit seeking the return of unjust enrichment during the said lawsuit.

In the above case, on July 3, 2009, the Incheon District Court sentenced the defendant 120,111,923 won, the plaintiff, C, D, E, and F to 42,897,115 won and each of the above amounts shall be paid 5% per annum from December 12, 2006 to December 24, 2008, and 20% per annum from the next day to the day of full payment. The above judgment became final and conclusive around that time.

E. However, I did not perform its duty of ordering payment in the above ruling.

F. At the time, there was land of 9025 square meters in K, K, 9025 square meters in Incheon Cheongjin-gun, L, 764 square meters in total, and 446 square meters in total, but there was a secured obligation exceeding KRW 200,000 in excess of KRW 20,000, and an auction procedure was commenced for each of the above lands.

G. Accordingly, the Plaintiff repaid I’s bank loans and taxes, which are the secured debt of each of the above lands, between I and I, in lieu of I, and on the said land from I.

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