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(영문) 광주지방법원 2015.02.04 2012가단59515

부당이득금 등

Text

1. The part of the Plaintiff’s claim for cancellation of ownership transfer registration, which is primarily sought against Defendant B.

Reasons

1. Facts of recognition;

A. On August 2010, the Plaintiff and Defendant B agreed to register the title trust of each of the instant real estate listed in the separate sheet owned by Defendant C (hereinafter “instant real estate”) in the name of Defendant B (hereinafter “instant title trust agreement”), and on August 7, 2010, the Plaintiff entered into a sales contract with Defendant B to purchase each of the instant real estate at KRW 130 million with Defendant C (hereinafter “instant sales contract”). As to each of the instant real estate, the ownership transfer registration was completed on August 16, 2010 with receipt of No. 11802 on August 16, 2010.

(hereinafter “instant transfer registration”). B.

According to the instant sales contract, KRW 130 million was paid to Defendant C, and most of which was paid from Defendant B’s account, but the Plaintiff was fully liable for the sales amount, including the sales amount paid to Defendant C from Defendant B’s account.

C. Around August 31, 2012, Defendant B created a right to collateral security with respect to each of the instant real estate as the maximum debt amount of KRW 91 million, Defendant B, and the mortgagee of the right to collateral security (hereinafter referred to as “broadband Central Credit Union”), and received a loan of KRW 70 million from the Gwangju Central Credit Union (hereinafter referred to as “instant loan”), and the Plaintiff paid a total of KRW 8,559,503 on 16 occasions from January 28, 2013 to October 23, 2014, as the interest for the instant loan.

[Ground of Recognition] Facts without dispute, Gap evidence 6, Gap evidence 7-1, 2, Gap evidence 16, Gap evidence 19-1, 2, Gap evidence 20-12, Gap evidence 21, Gap evidence 222, Eul evidence 1, and the purport of whole pleadings

2. Determination as to the claim against the defendant B

A. Money among the claims in respect of the instant loan.