부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 8, 2006, our bank (hereinafter “Korea bank”) entered into a loan agreement with A on 600 million won (hereinafter “the first loan”) for the loan of general fund for business operation (hereinafter “the second loan”) and the loan agreement on 100 million won (hereinafter “the second loan agreement”) (hereinafter “the instant loan agreement”) on the land in Jongno-gu Seoul (hereinafter “instant land”) owned by A on the same day in order to secure it (hereinafter “the instant land”), and completed the registration of creation of a mortgage for each of the instant land (hereinafter “the instant land”) with the debtor, collateral security bank, our bank, maximum debt amount of KRW 720 million, and KRW 120 million and KRW 120 million, and completed the registration of creation of a mortgage for each of the instant loan agreements on April 29, 2009 with the debtor, collateral Security Bank, Korea’s maximum debt amount of KRW 720 million and KRW 200 million,0000,000,000,00.
B. On April 27, 2009, the Bank completed the provisional attachment registration of the instant building with the Seoul Central District Court 2009Kadan59045 on April 23, 2009, which executed the claim amount as the cause of registration as KRW 106,902,767 on the principal and interest of the second loan (hereinafter “provisional attachment”).
C. On the other hand, on August 3, 2009, the Bank applied for voluntary auction as a mortgagee for the instant land and building, and the Seoul Central District Court C decided to commence the voluntary auction procedure (hereinafter “instant auction procedure”). D.
On December 17, 2009, our bank transferred to us the principal and interest of the loan ( principal of KRW 696,00,000) under each of the instant loan agreements, and notified A of the assignment of the credit around December 30, 2009, and then notified A of the assignment of the credit around December 30, 2009.
E. In the auction procedure of this case, the Bank is the provisional attachment creditor around September 3, 2009 and the sum of KRW 696,000,000, interest of KRW 83,620,693, and KRW 779,620,693.