부당이득금
All of the plaintiff's claims are dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. Defendant B requested the Plaintiff to lend KRW 60 million from the Plaintiff, and on October 22, 2015, with respect to the Defendant’s land and its ground detached houses owned by the Defendant B (hereinafter “instant real estate”), Defendant B registered the establishment of the mortgage over KRW 90 million (hereinafter “E”), the maximum debt amount, KRW 60 million (hereinafter “E”), and loaned KRW 60 million to the Plaintiff by borrowing KRW 60 million from E.
B. On October 28, 2015, the Plaintiff borrowed KRW 60 million from Defendant B, and the above amount is a real estate mortgage loan of this case, and thus, the Plaintiff bears interest and fees incurred by the bank until the real estate sale and purchase transaction of this case. The Plaintiff is “the certificate of borrowing” (hereinafter “the certificate of borrowing”).
was prepared and proposed.
C. On June 13, 2016, the Plaintiff entered into a sales contract with Defendant B with the purchase price of KRW 160 million for the instant real estate. The Plaintiff’s obligation to pay KRW 60 million for the collateral security and the obligation to pay KRW 80 million for the deposit money for lease on a deposit basis against E is determined to succeed. On January 1, 2017, the Plaintiff paid KRW 20 million after deducting each of the said obligations from the purchase price to Defendant B, and completed the registration of ownership transfer for the instant real estate on February 14, 2017.
Defendant B filed an application for provisional seizure of real estate with respect to the instant real estate under the Jung-gu District Court 2017Kadan391 by using the loan claim amounting to KRW 60 million as the claim amount. Defendant B received the provisional seizure order on December 19, 2017, and issued the order of provisional seizure on the Plaintiff’s credit card sales price claim under the Jung-gu District Court 2018Kadan201131, and received the provisional seizure order on May 9, 2018.
E. Defendant B filed a lawsuit seeking the payment of the above KRW 60 million with the District Court Decision 2018Ga122724, and won in favor of Defendant B on November 6, 2018. The above judgment was finalized on December 20, 2018, and Defendant B transferred the above provisional seizure to the original seizure.