부당이득금
1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
1. Claims against the plaintiff C:
A. The Plaintiff filed an application for loan payment order with the Gwangju District Court No. 2008 tea11892 against C, and the payment order was issued on October 30, 2008 to the effect that “C shall pay to the Plaintiff KRW 100,000,000 and its delay damages.”
The Agreement of December 30, 2008
B. D and C agreed on October 29, 2008 to pay C’s claim amount amounting to KRW 900,000,000,000,000,000,000,000 won of the maximum debt amount, although D had the first priority mortgage of KRW 2.3 billion with the maximum debt amount, and C had the second priority mortgage of KRW 1.0 billion with the execution of the first priority mortgage, which was owned by Jung-Eup Co., Ltd. (hereinafter “instant apartment”). < Amended by Presidential Decree No. 21305, Oct. 29, 2008>
C. The Defendant was another creditor of C. On November 3, 2008, around D, C, and the Defendant transferred C’s share of KRW 900 million among D’s first-class collateral security rights (hereinafter “instant claim”), but the Defendant agreed to recover the said KRW 900 million to C and H by returning the remainder excluding the Defendant’s claim amount of KRW 300 million.
Around December 30, 2008, C, H, and the Defendant renounced all rights to the instant C-mortgage Claim, and H and the Defendant acquired rights from C and disposed of them in consultation with D. He and the Defendant agreed that the amount of claims of H and the Defendant acquired by transfer of the instant C-mortgage Claim shall be deducted from their amount of claims, and that the amount of claims of I, J, K, and the Plaintiff shall be treated under subsequent consultation.
(hereinafter referred to as “instant agreement on December 30, 2008”) agreement on payment in kind in this case.
E. On October 21, 2010, if the Defendant paid D the instant apartment price of KRW 500,000,000 and the bid bond of KRW 212,805,50, etc., D shall complete the registration of ownership transfer to a person designated by the Defendant after purchasing the instant apartment in the real estate voluntary auction procedure for the instant apartment.