부당이득금
1. The Plaintiff (Counterclaim Defendant) shall:
A. As to the Defendant (Counterclaim Plaintiff) KRW 23,521,526 and KRW 113,521,526 among them.
The principal lawsuit and counterclaim shall be judged together.
1. Basic facts
A. 1) On May 21, 2009, the Plaintiff between Defendant D and the Plaintiff, as well as the F apartment No. 1502, located in Gangdong-gu Seoul Metropolitan Government E and one parcel (hereinafter “instant real estate”).
2) 20 million won of the lease deposit (hereinafter “the lease deposit of this case”).
(A) The term of lease is fixed from June 22, 2009 to June 21, 2011, and leased (hereinafter “instant lease agreement”).
(2) Defendant D received the instant lease deposit from Defendant D, and delivered the instant real estate to Defendant D. (2) Defendant D received the fixed date on July 6, 2012.
B. On December 22, 2009, the Plaintiff completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) with respect to the instant real estate to Defendant B and C, the maximum debt amount of KRW 120 million, the debtor, the debtor, the mortgagee B and C, and C (hereinafter “instant right to collateral security”).
C. Hyundai Capital Co., Ltd. filed an application for a compulsory auction to implement a provisional seizure executed on February 9, 2012 with respect to the instant real estate as a provisional auction, and accordingly, the compulsory auction decision was made. As Defendant D had become a successful bidder, the ownership transfer registration for the instant real estate was completed on February 27, 2013 due to a compulsory auction under Defendant D’s name (hereinafter “instant auction”).
Defendant B and C received dividends of KRW 89,258,316 out of the proceeds from the sale of the instant real estate on April 5, 2013, as a mortgagee regarding the instant real estate, on the date of distribution of the instant auction (hereinafter “instant dividends”).
E. 1) Defendant D filed a lawsuit claiming against the Plaintiff for the instant lease deposit and damages for delay thereof (this court 2013Gahap10923). The instant case was closed on August 23, 2013, and on September 6, 2013, “the Plaintiff shall pay KRW 200 million to Defendant D and its losses from June 7, 2013 to the day of full payment.”