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(영문) 서울남부지방법원 2018.07.03 2016가단248015

부당이득금

Text

1. The plaintiff's claim against the defendant B is dismissed.

2. Defendant C is the Plaintiff’s KRW 30 million and its related thereto. < Amended by Act No. 15035, Mar. 2, 2018>

Reasons

1. Facts of recognition;

A. Defendant C, Defendant B, KRW 50 million on August 25, 201, KRW 40 million on October 10, 201, KRW 25 million on April 29, 2011, KRW 5 million on June 29, 201, and KRW 10 million on August 26, 201, respectively.

Defendant B received reimbursement of KRW 20 million from Defendant C on February 29, 2012.

B. Defendant C shall be as follows.

The money borrowed as described in the paragraph was invested in F and G, and used as the purchase fund of Pyeongtaek-si H 4,165 square meters and I forest land 9 square meters (hereinafter collectively referred to as “each land of this case”).

C. Defendants B, D, E (hereinafter “Defendant B, etc.”) and Defendant C are Defendant B, etc. around July 2012.

In order to secure each of the claims described in subsection (d), the right to collateral security is established in the name of Defendant B, and the Defendant B agreed to distribute the secured claim at the ratio of the amount of the claim to Defendant B, etc. upon the repayment of the secured claim.

Defendant B, on July 11, 2012, intended to complete the registration of ownership transfer in the name of J as to each of the instant lands.

According to the agreement set forth in the subsection, the Suwon District Court completed the registration of the establishment of a neighboring mortgage, which was based on the debtor J, the creditor B, and the maximum debt amount of KRW 170,000,000,000.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”).

On September 7, 2013, the Plaintiff and K have completed the registration of transfer of ownership on each of the instant land on September 7, 2013 by one-half shares each due to sale on September 4, 2013.

F. Defendant B applied for a voluntary auction of real estate regarding each of the instant lands on the basis of the instant collateral security, and rendered a judgment of voluntary decision to commence auction on July 30, 2014.

(G) During the above auction procedure, the Plaintiff and K filed a lawsuit against Defendant B seeking the cancellation of the registration of the establishment of the establishment of the establishment of the neighboring site of this case against Defendant B on the ground that Defendant B did not have any claim against J, in collusion (U.S. District Court Decision 20156Gahap399) even though Defendant B did not have any claim against J, and the said court filed the lawsuit on September 2015.