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(영문) 의정부지방법원고양지원 2020.02.14 2019가합72079
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant (C) has four children, including the Plaintiff, E, F, and G, between the husband’s husband and the deceased (hereinafter “the deceased”) (hereinafter “the deceased”).

B. On July 3, 2013, the Defendant, the Plaintiff, and F donated each share of 2/4, 1/4, 1/4, 1/4, and 1/4 of the three-story stores and offices owned by the Deceased (hereinafter “instant building”) from Yongsan-gu Seoul, Yongsan-gu, Seoul, which were owned by the Deceased from the Deceased, to the third-story stores and offices of mentmenirs, respectively, and completed the registration of ownership transfer on each share on July 24, 2013.

On August 14, 2015, the lessee of the leased object (the instant building) of the leased object (the instant building) located on August 14, 2015, Defendant I 3: (a) KRW 24 months of 143.93 square meters; (b) 40 million; and (c) KRW 17.5 million on October 8, 2015; (b) KRW 3 million on November 13, 2015; and (c) KRW 150 square meters in a restaurant on the first floor; (d) KRW 3 million on September 26, 2017; and (e) KRW 2 million on September 16, 2017; (e) KRW 165.93 square meters on the second floor of the Plaintiff K-Association; and (e) KRW 1600,000,000 won on December 24, 2012; (e) KRW 3 million on May 13, 2017.

C. Meanwhile, the details of each lease agreement concluded on the instant building are as follows.

(hereinafter referred to as “each of the instant lease agreements” and individually identified by sequence D.

On May 24, 2013, the establishment registration was completed with respect to the instant building on the part of P Co., Ltd., the establishment registration was completed on the part of the debtor, the deceased, and the maximum debt amount of KRW 720,000,000,000,000 to P Co., Ltd. (hereinafter “P”). On December 30, 2015, the establishment registration was completed on the part of the debtor, the maximum debt amount of KRW 180,000 (the secured debt of KRW 150,000,000) and on June 28, 2017, the establishment registration was completed on the part of the debtor, the defendant, the maximum debt amount of KRW 120,000 (the secured debt of KRW 100,000) with

(hereinafter referred to as “P loan”) loans granted by P as security each of the above collateral security rights.

The Defendant and the Plaintiff filed the instant building with Q and R on July 8, 2018 in KRW 3.9 billion.

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