(영문) 의정부지방법원 2017.01.18 2015가단122686

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(영문) 의정부지방법원 2017.01.18 2015가단122686

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1. The plaintiff's main claim is dismissed.

2. The defendant received KRW 490,000,000 from the plaintiff and thereafter the plaintiff.

Reasons

1. (1) On April 11, 2014, the Defendant acquired ownership of each of the real estate listed in the separate sheet (hereinafter “instant real estate”) in the auction procedure for the replacement of real estate C by the Jung-gu District Court on the attached list (hereinafter “instant real estate”).

D, in relation to the instant real estate at the time, intended to obtain a successful bid for the instant real estate, but as many creditors bear large amount of debts, the Defendant acquired the ownership of the instant real estate in the name of the Defendant, and the Defendant consented to the said proposal for the purpose of using by-products obtained from the disposal of minerals deposited in the instant real estate, and became the buyer.

(2) The Defendant prepared an additional agreement as of May 5, 2015, the Defendant stated that “A person designated by D shall pay the amount of establishment of the instant real estate and take a measure prohibiting the sale and purchase of the said land at any time, regardless of the date before acquiring the said land.”

(3) In preparing an additional agreement on June 15, 2015, the Defendant and D entered “When the amount established and acquired in the instant real estate is repaid by the person designated by D or D regardless of the date of reimbursement, the Defendant, without any condition, shall transfer the entire right of the land to the person designated by D (the entire right of property on the land above).”

(4) The instant real estate had a number of secured claims on the priority order Nos. 18-1 (F, maximum debt amount of KRW 170,000), Nos. 18-2 (the mortgagee G, H, and maximum debt amount of KRW 150,00), Nos. 18-3 (the mortgagee I, J, and the maximum debt amount of KRW 150,000), priority number Nos. 18-4 (the mortgagee K, the maximum debt amount of KRW 120,00), and 20 (the mortgagee L, the maximum debt amount of KRW 180,000), and superficies No. 19 was established.

(5) On July 29, 2015, the Defendant entered the foregoing paragraph (4).

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