부당이득반환 청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts of recognition do not conflict between the parties, or are recognized by comprehensively considering the overall purport of the arguments in Gap evidence Nos. 1 to 11, 14, 15, 17, 18, 21, 22 (including each number), Eul evidence Nos. 3 and 4:
A. On April 14, 2004, B and C have completed registration to the effect that, by forging the minutes of the board of directors concerning the change of the representative director of the Plaintiff Company, D at the time the representative director of the Plaintiff Company was removed and B and C was appointed as the representative director.
B and C had filed a false report on the change of the representative director of the Plaintiff Company and entered it in the commercial register, and was prosecuted as the crime of false entry in the authentic copy of the authentic deed and the crime of uttering of the authentic copy of the authentic deed on January 10, 2008 (Seoul Central District Court 2007No3607). The above judgment became final and conclusive around that time.
B. B concluded a loan agreement on September 8, 2004 between the Plaintiff Company and the Komato Savings Bank (hereinafter “Toma Savings Bank”) on behalf of the Plaintiff Company for a total of KRW 3.15 billion (hereinafter “the instant loan agreement”) with the maximum debt amount of KRW 3.15 billion (hereinafter “the instant loan agreement”). B, on behalf of the Plaintiff Company, on September 8, 2004, B entered into a mortgage agreement on the land of 16 parcels including each real estate listed in the separate list owned by the Plaintiff Company (hereinafter “each real estate of this case”), and completed the registration of creation of a mortgage on each real estate of KRW 16.3 billion including each real estate of this case on the same day.
C. B and C around September 8, 2004, on behalf of the Plaintiff Company, on behalf of the Defendant Company, the sum of 16 parcels of real estate, including each of the instant real estate, on behalf of the Defendant Company as the first beneficiary of the Komato Savings Bank.