부당이득반환청구의소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. As to each of the lands listed in the separate sheet owned by the Plaintiff (hereinafter “C”), the Plaintiff, the representative of Suwon District Court (hereinafter “C”) completed the registration of creation of a neighboring mortgage (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage (hereinafter the “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage”) with the maximum debt amount KRW 50 million, the debtor, C-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed.
B. D issued promissory notes several times from November 20, 2013 to March 27, 2014, and delivered them to the Defendant. The holder, however, presented a payment proposal at the due date, was refused.
(The date of the first refusal of payment is March 31, 2014, and it seems that the payment was refused at that time).
E Limited Company received the secured claim from the Industrial Bank of Korea, and applied for a voluntary auction (hereinafter “instant auction”) against each of the instant lands to the Suwon District Court F, and each of the instant lands was sold in KRW 1,157,139,000 on March 15, 2016.
On May 21, 2014, the Defendant filed a request for payment order of KRW 1,494,924,532 against D on May 21, 201, the Incheon District Court Branch of the Incheon District Court (2014Da969, 969, the 1,494, 924, 532 (hereinafter “instant payment order”) with D, and rendered a request for payment order on May 30, 2014.