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(영문) 의정부지방법원고양지원 2015.04.08 2014가단32451
사해행위취소 등
Text

1. All claims filed by the plaintiff (appointed party) and the designated parties are dismissed.

2. The costs of lawsuit are assessed against the plaintiff (appointed party) and the plaintiff.

Reasons

1. Facts of recognition;

A. C, without any title, arbitrarily owned by the Plaintiff (designated parties; hereinafter “Plaintiffs”) and the designated parties, with 1/5 shares of each of the 1/5 shares, constructed a house and a warehouse on the land of 516 square meters and 7,263 square meters of land in Gyeyang-gu, Gyeyang-gu, Gyeyang-gu, Seoul, and E, and without any title, occupied each of the said land without permission, and transferred the said house and a warehouse to the Plaintiff on August 13, 2012.

B. In addition, C transferred the said house and warehouse to the Plaintiff on August 13, 2012, and continued to be paid KRW 200,000 per month from F without notifying the said transfer to F, a lessee of the said house and warehouse.

C. On April 2, 2013, the Plaintiff and the designated parties filed a lawsuit against C on April 2, 2013 against this Court claiming the return of unjust enrichment equivalent to the rent from possession and use of each of the above lands, and the rent from the lessee of the said house and warehouse.

On September 4, 2014, “Defendant (C)” sentenced the Plaintiff (Appointed Party) and the appointed parties to KRW 127,990,00 (the amount equivalent to the rent from August 13, 2003 to August 12, 2012) and the amount equivalent to 20% per annum from July 17, 2014 to the date of full payment. Defendant (C) paid to the Plaintiff (Appointed Party) an amount equivalent to 127,90,000 won per annum from July 13, 2014 to the date of full payment. The said judgment became final and conclusive on October 21, 2010.

(Jibu District Court 2014Gahap3856). e.

On the other hand, on April 26, 2013, C entered into a sales contract with the Defendant to sell real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 153,00,000 (hereinafter “instant sales contract”) and completed the registration of transfer of ownership in the name of the Defendant, such as the description of claims, on the 29th of the same month.

F. At the time of the instant sales contract, C is an active property and equivalent to KRW 153,00,000 at the market price.

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