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(영문) 서울중앙지방법원 2014.09.26 2013가단5168100

부당이득금

Text

1. The Plaintiff:

A. Defendant A’s KRW 56,363,280 and for this, KRW 5% per annum from May 3, 2013 to January 2, 2014, and KRW 56,363,280.

Reasons

1. Basic facts

A. On April 13, 201, the Plaintiff granted a loan of KRW 55,00,00 to B (hereinafter “the first loan”) and acquired the second-class collateral (hereinafter “the second-class collateral”) with the maximum debt amount of KRW 24,000,000 for the instant real estate, which is KRW 71,50,000, the first-class collateral (hereinafter “the first-class collateral”) with the maximum debt amount of KRW 71,50,00,000, as to the instant real estate (hereinafter “the instant real estate”) under the 108-dong No. 108, C, and the second-class collateral (hereinafter “the second-class collateral”) with the maximum debt amount of KRW 24,00,00,00.

B. On October 26, 2012, the Plaintiff filed an application for voluntary auction on the instant real estate based on the right to collateral security and the right to collateral security on October 26, 2012 with the Gwangju District Court Netcheon (hereinafter “auction Court”) and commenced the voluntary auction procedure.

(B) On the other hand, on December 21, 2012, the Plaintiff transferred only the second loan (the balance 14,655,993 won at the time of the loan) among the above loan claims under B to Korea EFA Co., Ltd., Korea Securities Finance Co., Ltd., Korea Securities and Exchange Co., Ltd., and Korea case No. 1 securitization specialized company (hereinafter “final transferee”) on the first securitization specialized company (hereinafter “final transferee”), and notified the Plaintiff on January 2, 2013.

(hereinafter “instant assignment of claim”). On January 21, 2013, the final transferee reported the alteration details to the creditor at an auction court along with the Plaintiff’s notice of assignment of claim.

C. However, around February 20, 2013, B repaid all the secondary loans to the final transferee and cancelled the right to collateral security No. 2.

Although Defendant A had been married with B, Defendant A filed a divorce lawsuit against B, and divorced from B on February 20, 2013 during the course of the lawsuit, after acquiring the ownership of the instant real estate.

B No 2, 23 February 2013, 2013.