부당이득금
1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On October 11, 2001, the Plaintiff: (a) on September 11, 2001, and (b) on September 11, 2006, the mother inherited each 21/160 shares of land C and its ground buildings, D, E, and F (hereinafter “instant real estate”); and (c) on September 11, 2006, the Plaintiff completed the registration of ownership transfer from H. In the future.
On February 12, 2007, the establishment registration of a neighboring mortgage (hereinafter referred to as the “mortgage of this case”) with respect to each of the above shares of the Plaintiff was completed by the obligee, the obligor, and the maximum debt amount of 200 million won.
Since then, the instant real estate was incorporated into an urban development zone and expropriated, the Plaintiff received compensation from the Korea Land and Housing Corporation for land compensation of KRW 256,311,280, and the Plaintiff received compensation for obstacles around March 2, 2016, in total, KRW 42,290,570, and KRW 260,601,850 (hereinafter “instant compensation”).
In order to cancel the instant mortgage in the compensation procedure, on January 11, 2016, the Plaintiff, the Defendant, and the Korea Land and Housing Corporation prepared an agreement as follows (hereinafter “instant agreement”).
Article 1 (Termination Documents of Collateral Security) of the Agreement shall, prior to the performance of the obligation of B, prior to the termination documents of the right to collateral security, etc. on the land of the above-mentioned object, be delivered to B.
Article 2 (Securing of Claim by Disease) A shall pay 200 million won to Byung as follows in order to discharge his/her obligation within the limit of the amount to be paid as compensation for the target land to Eul:
Article 3 (Time and Conditions for Payment) A shall be deemed to have fulfilled the obligation to pay B the purchase price (amount equivalent to the payment) to B after the registration of ownership transfer was simultaneously implemented under the name of B, such as the right to collateral security (right to collateral security) and the right to collateral security (right to collateral security) of the land set forth above, and the registration of ownership transfer was made
On January 11, 2016, the Plaintiff delegated the instant compensation management-related work to I, who is an son, and the Plaintiff’s day is the same.