부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The summary of the case is that the Plaintiff, a trustee in bankruptcy of the Mapo Savings Bank, seeks restitution against the Defendant in accordance with the cancellation of the contract. The case is that the Plaintiff, a trustee in bankruptcy of the Mapo Savings Bank, seeks restitution from the Defendant, by reconcing the existing position that was rescinded due to the bankruptcy application of the Mapo Savings Bank, or the Defendant notified the cancellation of the contract.
On the premise of fact, on December 21, 2010, the Komato Savings Bank and the Defendant entered into a contract on the transfer and acquisition of bonds (hereinafter referred to as “A bonds”) with the content of (i) transfer of the secured bonds of KRW 1 billion (1 billion (hereinafter referred to as “A bonds”) to the Defendant of KRW 932,967,700, and (ii) transfer of the principal bonds of KRW 10,707,728,493 to the Somato Savings Bank Co., Ltd. (hereinafter referred to as “the Somato Savings Bank”) to KRW 8,659,219,137.
Article 8 (Ex Post Facto Settlement of Proceeds from Transfer of Bonds with Security) (1) For the proceeds from transfer of bonds with security security (excluding expenses for auction execution) of real estate, the difference between the proceeds from transfer and the proceeds from transfer paid at the time of conclusion of this contract shall be calculated according to the dividends determined by the distribution schedule of the court of auction by security items (excluding expenses for auction execution) as follows:
경매배당표상 확정된 양수인의 배당금 ÷ (1 현가할인율){} ^{n(할인기간)} 제15조(채권별 계약의 해제) ① “양수인”은 다음 각 호의 사유가 발생한 경우 당해 대상채권에 대하여 계약을 해제할 수 있다.
1. Where litigation procedures are filed for the transfer or acquisition of subject bonds or security rights (including certificates of beneficial rights), or for the cancellation, cancellation, cancellation, termination, etc. related to the existence of such rights;
2. Permission, etc. by the court of consent of debt-related persons;