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(영문) 전주지방법원 2019.04.04 2017나13659
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of 1,196 square meters and D 452 square meters (hereinafter “instant land”) prior to C in Ysan-si. The Plaintiff is the owner of the instant land, and five row houses (hereinafter “instant building”) of reinforced concrete structure are built on that ground.

B. On June 9, 2011, E Co., Ltd. (hereinafter “E”) established on May 27, 201 (hereinafter “E”) decided to purchase the instant building from F, G, H, and I (hereinafter “F, etc.”) with a view to KRW 650 million, and completed the registration of ownership transfer regarding the instant building under the name of E on June 13, 201, and completed the registration of ownership transfer with respect to the mortgagee F, etc. and the maximum debt amount KRW 80 million.

C. Meanwhile, on June 13, 2011, from the Defendant’s account to E account, KRW 33 million was remitted from the Defendant’s account to E, or the down payment of the instant building.

The Plaintiff filed a lawsuit against the residents of E and the instant building seeking unjust enrichment equivalent to the removal, eviction, and rent of the building under the Jeonju District Court’s Gunsan Branch 2012Ga18828. On September 12, 2013, the said court rendered a judgment citing all the Plaintiff’s claims (hereinafter “related judgment”), and the said judgment became final and conclusive on October 19, 2013.

[Ground for recognition] The fact that there has been no dispute, Gap's 1 through 6 (including a tentative number), the purport of the whole pleadings

2. The assertion and judgment

A. A. A summary of the Plaintiff’s assertion 1) The F, etc., who was the owner of the instant building, established E to evade compulsory execution based on the relevant judgment or the obligation to return unjust enrichment equivalent to the rent due to the occupation of the instant land, thereby completing the registration of ownership transfer regarding the instant building in its name, and completed the registration of ownership transfer with F, etc. as the creditor, and completed the registration of ownership transfer with the maximum debt amount of KRW 80 million. 2) F, etc., using the Defendant’s account to make the same transaction as the normal payment of the purchase price of the instant building from E in the process of title trust.

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