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(영문) 부산지방법원 2016.01.07 2014가합52219
부당이득금
Text

1. Defendant C’s KRW 151,671,454 as well as 5% per annum from March 29, 2014 to December 9, 2014.

Reasons

1. Basic facts

A. On September 21, 2004, the Plaintiff filed a lawsuit against D to claim for the price of goods, and sentenced to the judgment "D shall pay to the Plaintiff 88,122,980 won and the amount calculated by the rate of 6% per annum from December 25, 2002 to September 21, 2004, and 20% per annum from the next day to the date of complete payment (Seoul District Court 2004Da38132)," and the above judgment was finalized on October 22, 2004.

B. On November 3, 2006, D’s establishment of the provisional registration of the right to claim ownership transfer against Defendant B, acquired the ownership of 1306 square meters of forest land E, Young-gu, Busan Metropolitan City (hereinafter “instant real estate”), and on January 8, 2007, Defendant B completed the provisional registration of the right to claim ownership transfer of the instant real estate on the ground of trade reservation on January 5, 2007 (hereinafter “the provisional registration of this case”).

D In addition, on November 8, 2006, acquired the ownership of a large of 84 square meters in F-do, Busan Metropolitan City on November 8, 2006, and on November 15, 2006, on November 13, 2006, the registration of the right to claim transfer of ownership was completed on November 13, 2006 in G Co., Ltd.

C. On July 12, 2012, the Plaintiff filed a provisional injunction against provisional registration established in each of the above real estate B and G with respect to the provisional registration that was established in each of the above real estate, against which the right to claim the cancellation of provisional registration due to the revocation of fraudulent act was a preserved right, and completed the provisional injunction against provisional registration (hereinafter “instant injunction against provisional registration”). (C) On July 12, 2012, the Plaintiff filed a provisional injunction against provisional registration (hereinafter “instant injunction”), and completed the provisional injunction registration on the same day.

On December 5, 2012, Defendant B had completed the ownership transfer registration based on the provisional registration of this case (hereinafter “instant principal registration”) on the ground of sale on November 3, 2012 with respect to the instant real estate against Defendant B on December 5, 2012, and Defendant B had the maximum debt amount at KRW 240,000,000 on the same day.

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