부당이득금반환
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On August 23, 2004, the Plaintiff took out a loan of KRW 4,100,000 from the Korea Exchange Bank (hereinafter “Korea Exchange Bank”), and completed the establishment registration of a collateral security contract, which is a debtor, a debtor, a foreign exchange bank, and a mortgage bank, with respect to the shopping mall Nos. 5,330,000, and Non-02 (hereinafter “instant shopping mall Nos. 7 and 4,100,000 (hereinafter “the instant shopping mall”), which were owned by the Plaintiff, with respect to the loans of KRW 4,10,00,000 from the Korea Exchange Bank (hereinafter “Korea Exchange Bank”). < Amended by Act No. 825412, Aug. 24, 2008>
(hereinafter “instant collateral security”). B.
On June 9, 2006, the foreign exchange bank concluded a contract on the transfer of the above bonds and the instant collateral security to a limited-liability company specializing in the 2006 foreign currency securitization (hereinafter “foreign exchange third-tier special-purpose company”) and notified the Plaintiff. On November 15, 2007, the foreign exchange third-tier special purpose company concluded a contract on the transfer of assets with Korea Ep&A Co., Ltd (hereinafter “Korea”) on the transfer of the bonds, etc. that it acquired from the foreign exchange bank as above, but on December 20, 207, Korea transferred the status of purchaser under the above asset transfer agreement to the limited liability company specializing in Ef&A (hereinafter “Korea L&A special purpose company”).
C. Meanwhile, on the other hand, on October 19, 2005, the foreign exchange bank, which is the collateral security right of this case, started the auction procedure of real estate rent (hereinafter “instant auction”) with the Suwon District Court E on October 19, 2005. Defendant A Co., Ltd. (hereinafter “Defendant A”) paid the bid deposit amount of KRW 335,872,00,000, and the highest price was awarded at KRW 5,330,000,000 as the purchaser by participating in the instant auction.
On April 25, 2008, Defendant A bears the burden of Defendant A with respect to the Ap&A special purpose company in Korea according to the payment method for the sale price stipulated in Article 143(1) of the Civil Execution Act.