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(영문) 울산지방법원 2019.08.22 2018나24837

부당이득금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Facts of recognition;

A. On March 8, 2016, the Plaintiff agreed with F, Inc. to purchase I forest land of 827 square meters from G at port. In order to prepare the balance of the above sales contract, the Plaintiff requested F to obtain the Plaintiff’s share of 12397/15769 square meters in Ulsan-gun, Ulsan-gun, Ulsan-gun, Ltd. (hereinafter “instant 1 real estate”), the Plaintiff’s share of 12397/1579 square meters in the amount of 15,769 square meters (hereinafter “instant 1 real estate”), Ulsan-gun, Ulsan-gun, Ulsan-gun, U.S., 29,626 square meters in forest land of 2,304 square meters in Ulsan-gun, Ulsan-gun, Ulsan-gun, U.S. (hereinafter “the instant 2 real estate”), Nan-gun, 481.3 square meters in land and buildings (hereinafter “the instant 3 real estate”). The instant real estate loan was provided as security.

B. Around March 23, 2016, F entered into a loan agreement with the Defendants and Q (hereinafter “Defendant, etc.”) (hereinafter “the instant loan agreement”), and the Plaintiff jointly and severally guaranteed the Defendant, etc.’s obligations with respect to F.

The main contents of the loan agreement of this case are as follows.

The creditor of the loan certificate: Q, Defendant D, and Defendant B’s joint and several sureties: The loan amount borrowed by the Plaintiff: The gold amount of KRW 300,000 (30,000,000)

2. The repayment period of the principal shall be June 23, 2016 and shall be agreed to be satisfied at the address of the creditor;

6. The joint and several sureties are jointly and severally liable for the performance of this case.

(c).

According to the loan agreement of this case, F, Defendant B, and C paid KRW 150,00,000 on March 24, 2016, Defendant D, April 12, 2016, and Q, respectively, KRW 50,000 on March 25, 2016, and KRW 50,000 on March 25, 2016, in order to secure the claim under the loan agreement of this case, the Defendant, etc. completed the provisional registration as follows, and the establishment of a neighboring mortgage registration on each real estate of this case.

On March 23, 2016, the provisional registration of the right to claim the transfer of all shares of the Plaintiff of the Plaintiff of the instant 1 real estate is made by Q Q. 12397/1579 of shares of the right holder of the provisional registration of purchase and sale.