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(영문) 의정부지방법원고양지원 2015.10.23 2013가합6537

부당이득금반환

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 6 lots of land (hereinafter “each of the instant real property”) such as 1,607 square meters in Gangwon-gun, Seocheon-gun, G, and 9,72 square meters in the H, 370 square meters in the first place, and 3,967 square meters in the J, and 16,030 square meters in the middle of K, and 14,922 square meters in the past of L, were owned by the network A (hereinafter “the network”). As a broker of the Nonparty who was working in the real estate brokerage office, the Seocheon-gun District Court completed the joint registration of establishment of a mortgage of 2,100,000,000 won in the maximum debt amount against each of the instant real property as the obligee on September 29, 2008 (hereinafter “registration of establishment”).

B. The inter-dong Agricultural Cooperative, the first secured mortgage holder of each of the instant real estate, applied for the auction of the real estate in relation to each of the instant real estate (N in the Chuncheon District Court). In the above auction procedure, the Defendant received dividends of KRW 925,222,695 based on the instant secured mortgage, and completed the registration of ownership transfer in the name of the Defendant on December 8, 201, at the auction of each of the instant real estate.

C. On May 1, 2014, the deceased alleged that M forged documents in the name of the deceased necessary for the establishment of the registration of the instant collateral security, and filed a complaint against M with the charge of forging private documents, etc. The prosecution prosecuted the above charges. However, the court rendered a judgment of innocence [this Court Decision 2013Da190, 2013 Gohap210 (combined)] on the ground that “It is difficult to avoid the possibility that M would have prepared documents in the name of the deceased necessary for the establishment of the instant collateral security upon implied delegation or consent from the deceased,” and the prosecutor appealed (Seoul High Court 2014No1333), but on September 10, 2015, the court rendered a judgment dismissing the prosecutor’s appeal on this part.

On the other hand, the Deceased died on March 28, 2014 during the instant lawsuit, and finally, the Plaintiffs, the grandchildren of the Deceased, inherited the Deceased, taking over the Deceased in the instant lawsuit.

[Ground of recognition] dispute.