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(영문) 부산지방법원 서부지원 2018.10.19 2018가단2897
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 45,00,000 and the interest rate of KRW 15% per annum from February 20, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff and Nonparty C are the Defendant’s mother, and Nonparty C has formed a monetary transaction relationship with the Plaintiff by using their friendship with the Plaintiff.

(2) On November 21, 2016, C paid to the Plaintiff an amount equivalent to KRW 46 million on the ground that “A is liable to another person, and from which he is urged to pay interest. In lieu of the Plaintiff, C would receive a loan to the Busan Western D building 902 (hereinafter “instant partitioned building”) owned by C with a 1/3 share, which is owned by C, as a collateral, until January 30, 2017,” and the Plaintiff paid a full payment of KRW 46 million on behalf of the Plaintiff.

B. Prior to C’s donation to the Defendant, Nonparty E’s lawsuit for revocation of fraudulent act, and provisional disposition for prohibition of disposal (1), C had completed ownership transfer registration (hereinafter “instant disposal disposition”) in the Defendant’s future on the ground of the gift made on May 20, 2015 with respect to one-third of his/her co-ownership shares (hereinafter “instant co-ownership shares”) among the partitioned buildings of this case on June 15, 2015.

(2) On December 19, 2016, Nonparty E, a creditor of Nonparty E, filed a lawsuit seeking revocation of the instant disposition against the Defendant on the instant disposition by making the existing loans, etc. against C as preserved bonds, etc., and completed the execution of the provisional disposition prohibiting the disposal of the instant shares on December 28, 2016 by deeming the right to claim revocation of the registration of ownership transfer as preserved rights.

(Resan District Court 2016Kadan54269). (c)

The plaintiff's subrogation, withdrawal of the preceding fraudulent act lawsuit, and cancellation of provisional disposition for prohibition of disposal (1) the plaintiff's subrogation against C.

(2) Upon claiming the return of the subrogated amount under paragraph (2), C only applies to the Plaintiff.

As mentioned above, while 'the plaintiff makes a fraudulent act before 'the plaintiff makes a payment to E once more than 45 million won that has been the preserved claim of the previous fraudulent act, E is subject to prior fraudulent act.

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