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(영문) 수원지방법원성남지원 2020.07.03 2018가합402150
부당이득금
Text

1. Defendant B and Defendant C jointly share 1,178,728,559 and interest rate of 12% per annum from May 8, 2020 to the date of full payment.

Reasons

1. Basic facts

A. On May 18, 2010, the Plaintiff entered into a trust agreement for disposal of real estate (hereinafter “each of the instant real estate”) with E Co., Ltd. (hereinafter “E”) with respect to each of the instant real estate, and completed the trust registration as to each of the instant real estate on the same day.

B. Around December 1, 2012, “F” (hereinafter “F”)’s possession of each of the instant real estate by Defendant B, the representative director of which is Defendant B, had concluded a lease agreement with the trustor of each of the instant real estate and operated the parking lot at this place. From November 201, 2014, it concluded a sub-lease agreement with H Co., Ltd. (hereinafter “H”) that was a lessee who entered into a lease agreement with E and entered into a sub-lease agreement with E and used each of the instant real estate.

C. On April 18, 2014, the Plaintiff filed a lawsuit against F, etc. for the delivery of a building and the claim for return of unjust enrichment by filing a claim against F, etc., Suwon District Court 2014Kahap20291. On the same day, the Plaintiff filed an application for the provisional injunction against the transfer of real estate possession by the said court under 2014Kadan60349, and received a provisional injunction order from the said court on May 1, 2014. 2) The said court rendered a lawsuit against F, etc. on June 23, 2015, the said court rendered a decision that “F shall deliver each of the instant real estate to the Plaintiff, and KRW 3,351,604,00 (the sum from November 1, 2012 to December 31, 2014) and the amount equivalent to each of the instant real estate from January 1, 2015 to May 1, 2015.”

As the F’s petition of appeal was dismissed on August 13, 2015, the judgment became final and conclusive around that time.

The Plaintiff’s execution of extradition based on the judgment on the above related lawsuit was based on the judgment on September 1, 2015, on the real estate of this case against F, Suwon District Court Sung-nam Branch I for the above judgment.

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