부당이득금
1. Of the judgment of the court of first instance, the part against which the following order of payment is exceeded shall be revoked and that part shall be revoked.
1. Basic facts
A. On April 13, 201, the Plaintiff lent KRW 55 million to B (hereinafter “the first loan”) and completed the registration of creation of a mortgage on the first-order collateral security (hereinafter “the first-order collateral security”) consisting of KRW 71,500,000 for the maximum debt amount (hereinafter “the first-order collateral security”) and KRW 220,000,000 for the first-order collateral security (hereinafter “the second-class loan, or the second-class loan”). On May 31, 201, the Plaintiff completed the registration of creation of a mortgage on the instant real estate (hereinafter “the second-order collateral security”) with the maximum debt amount of KRW 24 million,00,000,000 for the second-order collateral security (hereinafter “the second-order collateral security”).
On October 26, 2012, the Plaintiff applied for voluntary auction on the instant real estate based on the right to collateral security (hereinafter “auction court”) No. 1 and No. 2 to the Gwangju District Court Macheon Branch on October 26, 2012, and started the auction procedure.
(hereinafter referred to as the “instant auction procedure”) c.
On December 21, 2012, the Plaintiff transferred only the claim for the second loan (14,655,993 won in the balance of the loan at that time) to Korea Efenna Co., Ltd and Korea Securities Finance Co., Ltd., and Korea Afenna Co., Ltd. and the first asset-backed securitization specialized company (hereinafter “final transferee”), notified the transfer to B on January 2, 2013 (hereinafter “the assignment of the instant claim”), and the final transferee reported the change to the creditor at an auction court on January 21, 2013, accompanied by the Plaintiff’s notice of assignment of claim.
The co-defendant B and the first instance court's co-defendant A was in marital relationship, and in the case of divorce 2012Dhap183, the Gwangju Family Court's 2012Dhap183, "B and A shall divorce. B shall transfer the instant real estate to A, and A shall bear the secured obligation of mortgage No. 1 and No. 2 established on the instant real estate." The decision of recommending reconciliation becomes final and conclusive on February 20, 2013, and A completed the registration of ownership transfer on February 28, 2013.
(e) thereafter;