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(영문) 수원지방법원안산지원 2016.12.22 2015가합23212

부당이득금반환

Text

1. The Defendant’s KRW 207,013,063 as well as the Plaintiff’s annual rate from September 22, 2015 to December 22, 2016, and the following.

Reasons

1. Basic facts

A. On or around April 2003, the Plaintiff: (a) purchased land and paid the price thereof; and (b) on or around April 2003, the Plaintiff is deemed to have a land of 590 square meters (hereinafter “land before partition”).

(2) On May 7, 2004, the Plaintiff and the Defendant proposed to purchase the shares of KRW 300,000 under the name of the Plaintiff (the Plaintiff, the maximum debt amount of KRW 490,000,000,000, and the Plaintiff and the Defendant agreed to jointly purchase the shares of KRW 180,000,000 from the purchase price until May 7, 2004, each of the above shares of KRW 60,000 was paid to the seller on the land before subdivision of the above loan (the first priority mortgage was established on the same day for the above loan by the Plaintiff, the Plaintiff, the maximum debt amount of KRW 490,00,000,000, the amount of KRW 10,000,000, and the amount of the loan by the name of the Plaintiff, the amount of KRW 660,000,000, and each of the above shares was paid to the seller on July 1, 2004.

B. On August 2, 2005, the Plaintiff and the Defendant: (a) divided the land before subdivision into three hundred and thirty-six square meters (hereinafter “one land”); (b) three-eight and nine-three square meters (hereinafter “three-three land”); and (c) one hundred and twenty thousand two-four square meters (hereinafter “one building”) of a reinforced concrete structure, one community living facilities on one’s own land; (c) newly constructed a reinforced concrete structure, one hundred and seventy-four square meters (hereinafter “one building”); and (d) one hundred and seventy-four eight square meters of a community living facilities on one’s own land; and (e) the registration of ownership was completed with respect to the building under the name of the Defendant on January 1, 2006; and (e) the registration of ownership was completed in the name of the Plaintiff as to the building under one’s name as to the building under one’s name.

C. The Plaintiff and the Defendant on April 1, 2006, as to additional loans and the establishment of a right to collateral security, and two buildings

(a)(2) The establishment of the right to collateral security added to the joint collateral security, which is one of the two buildings and one, two and three land (hereinafter referred to as "the right to collateral security");