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(영문) 인천지방법원부천지원 2015.01.08 2014가단33279
부당이득금
Text

1. The defendant transferred the right to claim to the plaintiff in the attached list, and entered the attached list in the non-party Republic of Korea.

Reasons

1. The following facts do not conflict between the parties, or each of the statements stated in Gap evidence 1-2, 2, 3, 4, Gap evidence 2, 3, 4, 5, 6, Gap evidence 7-1, 2, Gap evidence 8, Eul evidence 1, 2, 3, and 4, can be acknowledged in full view of the whole purport of the pleadings:

The title transfer registration was completed on January 26, 1999 on the ground of the donation from January 20, 199 by Gwangju Northern-gu B No. 303 (hereinafter “instant building”). On December 31, 2002, the Defendant entered into a lease agreement to lease the said C and the instant building by setting the lease deposit amount of KRW 25,000,000, and the lease term from January 10, 2003 to January 10, 2005 (hereinafter “instant lease agreement”).

B. On January 11, 2003, the Plaintiff completed a move-in report to the domicile of the instant building on the same day and received a fixed date under the instant lease agreement agreement.

(C) Since the lease of the instant building, the Defendant has resided in the instant building until now).

Since then, the registration of ownership transfer was completed on July 10, 2003 under the name of D on July 23, 2003 on the building of this case. On July 23, 2003, the registration of ownership transfer was completed on the ground of sale and purchase as of July 10, 2003, and on July 23, 2003, the registration of ownership transfer was completed on the basis of the maximum debt amount of KRW 312,00,000 against the debtor, the Gwangju Rehabilitation Credit Cooperative as the mortgagee, and on the other hand, the registration of ownership transfer was completed on December 2, 2005.

On the other hand, on February 1, 2007, at the request of the Gwangju District Court G for the instant building on February 1, 2007, the procedure for the temporary auction of real estate (hereinafter “the first auction procedure”). The Defendant reported the right as a lessee of the instant building to the executing court for the preferential repayment of KRW 25,00,000,000. On August 8, 2008, upon the Defendant’s request, filed a report on the right and demand for distribution as a lessee of the instant building at the executing court. This objection is based on the registration order of lease on July 8, 2008 (Gwanju District Court 2008Kala1162).

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