부당이득금
Defendant C’s KRW 70,99,001 as well as 5% per annum from October 14, 2015 to November 23, 2018, respectively, to the Plaintiff.
1. Basic facts
A. On December 30, 1992, the Plaintiff completed the registration of establishment of a right to collateral security on December 30, 1992 with respect to F.F. 506 square meters (hereinafter “instant land”) owned by the Plaintiff on December 30, 1992 (hereinafter “instant collateral security”). (b) Around December 17, 2014, Defendant D, E, and the Plaintiff entered into a contract for the transfer of the right to collateral security that the said Defendants received on March 17, 2014 with respect to the instant collateral security (hereinafter “instant transfer contract”). D/ E, and the said transfer contract.
On March 18, 2014, Defendant D and E completed the additional registration of the right to collateral security prior to the transfer of contract on March 17, 2014.
(d)
Defendant D and E applied for a voluntary auction based on the instant collateral security (hereinafter “instant auction”) to Suwon District Court Green Branch G (hereinafter “Seoul District Court”) and conducted an auction upon a voluntary decision to commence an auction on September 25, 2014 from the said court, and Defendant D was awarded the said real estate successful bid.
E. Based on the instant collateral security on October 14, 2015, Defendant D received dividends of KRW 38,998,500 in the instant auction and KRW 38,98,501 in the Defendant E, respectively.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 6, and the purport of the whole theory
2. The parties' assertion
A. On March 2014, the Defendants agreed to pay the principal and interest of B’s delinquent tax amounting to KRW 15 million on behalf of the Plaintiff for the acquisition of the instant right to collateral security, and to pay KRW 50 million to B and H couple. Since the Defendants breached the aforementioned agreement, the Plaintiff expressed his/her intent to rescind the instant right to collateral security transfer agreement by delivering a document prepared by himself/herself on April 23, 2020.
On the other hand, since the auction on the land of this case was conducted, and the mortgage of this case was cancelled, and the restoration from the rescission of the contract was impossible, the plaintiff is entitled to the right to collateral security of this case against the defendant C as its subject claim.