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(영문) 서울고등법원 2018.08.31 2018나2000433

부당이득금반환

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The basic facts;

2. The reasoning for this part of the judgment on the Plaintiff’s cause of claim is as follows, except for the supplement of the judgment of the first instance court as follows, and the corresponding part of the judgment of the first instance court (paragraphs 1 and 2) is the same as that of the corresponding part of the judgment of the first instance court. As such, this is cited in accordance with the main sentence of

1) On April 23, 2012, the second 10-11st 10-11st 2 of the judgment of the first instance (hereinafter referred to as “sale price, etc.”) added the following: “The right to collateral security was established with respect to the instant real estate, the maximum debt amount of which is KRW 2.21 billion, and the right to collateral security (hereinafter referred to as the “right to collateral security”). At the time, the ownership of the instant real estate was still in the name of E and F. (2) After the second 18th 18th 2th 2 of the judgment of the first instance, “C and D discharged the registration of collateral security in the name of the R bank following the repayment of the loans by the R bank with the borrowed money.”

3) On June 3, 2014, the third half of the judgment of the court of first instance (hereinafter “the Defendant”) states “S Co., Ltd. acquired all rights related to the instant right to collateral security, including the instant right to collateral security, its secured claim, and damage claim related thereto,” and subsequently transferred it to the Defendant on the same day.” (4) According to the purport of the first instance judgment No. 5-14-15 first to the entire pleadings, “In accordance with the purport of the entire pleadings,” the following is considered as follows: “A according to each description of evidence No. 6 through 8 and the purport of the entire pleadings.”

B. On June 20, 2012, 1: (a) the establishment of the first mortgage in K name; (b) the cancellation of the establishment of the second mortgage in the name of the Plaintiff; (c) the establishment of the second mortgage in the name of M organization; and (d) the cancellation of the establishment of the second mortgage in the name of the Plaintiff; and (e) the time of cancellation of the establishment of the first mortgage in the name of the Plaintiff, to the extent necessary to determine the cancellation of the establishment of the first mortgage in the name of the Plaintiff.