채권자대위권에 기한 부당이득금반환
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff and C are married couple.
C On February 26, 2013, Jeju City D (hereinafter “instant land”) completed the registration of ownership transfer under its own name with respect to the instant land (hereinafter “instant land”), and on the same day, the registration of ownership transfer was completed with respect to the relevant ground buildings (hereinafter “instant building”). On the same day, the Plaintiff completed the registration of ownership transfer based on the donation made on February 25, 2013 with respect to each of the instant land and each of the instant buildings as of February 25, 2013.
On March 6, 2013, the old Credit Cooperative shall set the maximum debt amount of the instant land and building at KRW 39,00,000,000, and completed the registration of the establishment of the neighboring mortgage with the debtor C.
(2) On May 16, 2013, the Defendant acquired the right to collateral security (hereinafter “the right to collateral security”). On May 16, 2013, the Defendant had the maximum debt amount of the instant land and building at KRW 40,00,000, and completed the registration of the establishment of the right to collateral security with
(2) On May 16, 2014, the Defendant registered the establishment of a neighboring mortgage on the instant land and building at KRW 52,00,000 with the maximum debt amount, and completed the registration of the establishment of a neighboring mortgage on the debtor C.
(2) On June 19, 2014, the Defendant registered the establishment of a neighboring mortgage on the instant land and building at KRW 40,000,000 with the maximum debt amount, and completed the registration of the establishment of a neighboring mortgage on the debtor C.
(hereinafter referred to as “mortgage 4”). After February 2, 2015, E completed the registration of ownership transfer based on a sales contract (hereinafter “instant sales contract”) dated December 8, 2014 with respect to the instant land and buildings.
After that, on January 30, 2015, the registration of the establishment of the neighboring mortgage No. 1 and on February 2, 2015, the registration of the establishment of the neighboring mortgage No. 2 and No. 4 were cancelled.
C owns Sick-dong and Small Cargo (registration number F, chassis number G).
On March 9, 2001, the establishment of mortgage was registered.
[Reasons for Recognition] A’s 1, 2A’s 2, and 2.