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(영문) 서울동부지방법원 2020.01.17 2018가단142675
부당이득금
Text

1. The Plaintiff:

A. From December 21, 2018, Defendant Seongdong-gu Seoul Metropolitan Government KRW 8,655,040 and its amount:

(b) the defendant.

Reasons

1. Facts of recognition;

A. The trust contract between the non-party union B and the schedule of distribution against B 1) C Housing Reconstruction Project Association (hereinafter “Non-party partnership”)

(E) The Seongdong-gu Seoul Metropolitan Government (hereinafter “E”) carries out a new apartment construction project on the ground of 2922m2.6m2, and the Fho Lake, an apartment unit for general sale (hereinafter “instant Fho Lake”).

On July 30, 2014, the registration of initial ownership was completed under the name of the non-party partnership. On the same day, the registration of initial ownership was completed under the name of July 30, 2014. (2) After October 21, 2014, the sale price of the above F was sold at KRW 357,110,000 in the voluntary auction procedure (Seoul Eastern District Court H; hereinafter “instant auction procedure”) commenced on October 21, 2014. On February 19, 2016, G, the mortgagee of the amount of KRW 274,471,130 among the amount of actual distribution date, and KRW 274,394,162 (hereinafter “instant dividend”). The distribution schedule was prepared by means of surplus distribution to B, the owner, and the amount of dividend of KRW 108,394,162 (hereinafter “instant dividend”).

B. Plaintiff’s provisional disposition and revocation of fraudulent act 1) Plaintiff filed a lawsuit against Nonparty Union and B, etc. seeking compensation for damages and revocation of fraudulent act, etc. with Seoul Central District Court Decision 2015Gahap54830, Jul. 21, 2016, the said court held that “The Plaintiff, Nonparty Union, and I Co., Ltd. shall jointly with J, and jointly with K, pay KRW 204,259,158, as well as damages for delay thereof, KRW 205,571,192 and damages for delay. B and the Nonparty Union shall be revoked within the scope of KRW 108,394,162 as of July 30, 2014 within the scope of KRW 204,90,000 and KRW 205,571,192 as well as damages for delay. B shall be revoked within the scope of KRW 108,394,162 as of the dividend dividend of the Plaintiff’s claim for payment.

B. The non-party partnership.

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