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(영문) 서울중앙지방법원 2016.09.09 2016나27091

부당이득금반환등

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. On December 7, 2010, Defendant B and the Defendant C concluded the instant lease agreement with Defendant C (hereinafter “instant lease agreement”) on the terms of “Yeman-si E apartment No. 203 Dong-dong No. 501 (hereinafter “instant apartment”) owned by the Defendant C, with the terms of “the lease deposit: 220 million won: the contract period: January 28, 2011 to January 28, 2013” (hereinafter “instant lease agreement”) and “The lease agreement was concluded between Defendant B and the Defendant C, with the terms of “The maximum debt amount set up on the instant apartment, KRW 260 million,52 million, and KRW 500,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00).

3) Pursuant to Paragraph (3) of the aforementioned special agreement, Defendant B paid KRW 170 million, which is part of the lease deposit, to Defendant C on January 28, 201, which is the remainder payment date under the instant lease agreement, and occupied the instant apartment. However, the Defendant C, on the same day (on January 28, 2011, at the same time, cancelled the right to collateral security of the Sungnam Saemaul Saemaul Bank, which was established on the instant apartment, and at the same time, Defendant C sent the following proof to Defendant C and D on September 7, 2012: “The right to collateral security of the claim amount of KRW 332,400,000,00,000,000,000,000,000,000,000).”

Defendant C did not pay the loan after the director, and Defendant C did not pay the loan amount of KRW 170 million until now.

However, around November 2011, the copy of the register of the apartment in this case was removed, and the maximum debt amount was increased to KRW 332,400,000 (the actual loan amount to KRW 277,00,000) and the date of execution of the additional loan was also the director of Defendant B.