지료 및 부당이득금
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The Defendant’s KRW 32,010,360 and March 23, 2014 to the Plaintiff.
1. Facts of recognition;
A. On December 31, 1975, the Defendant newly constructed a building listed in No. 1-B (hereinafter “No. 1”) on the land listed in [Attachment 4] List 1-A (hereinafter “No. 1”) and obtained approval for use on December 31, 1975, and owned a building No. 1 without a preservation registration, and completed the registration for ownership transfer of one’s own name on the land listed in Annex 4 List 1.
B. The Defendant newly constructed a building listed in subparagraph 2(c) of [Attachment 4] List 2-A and (b) [Attachment 4] (hereinafter “Attachment 2”) on each land listed in the same List 2-C (hereinafter “Attachment 2”) and owned a building without a preservation registration after obtaining approval for use around 1975. The Defendant completed the registration for ownership transfer of one’s own name on May 30, 1981.
C. On August 3, 1981, the Defendant concluded a mortgage or superficies contract with Choung Bank, and completed the registration of creation of a joint collateral mortgage of KRW 1 billion with the maximum debt amount on August 3, 1981, ② joint collateral mortgage of KRW 6 billion with the maximum debt amount on the same day, ③ joint collateral mortgage and superficies of KRW 3 billion with the maximum debt amount on September 9, 1981 (the superficies was created only on the second land), ④ joint collateral mortgage and superficies of KRW 18 billion with the maximum debt amount on January 9, 191.
(Other, on December 22, 1995, the joint collateral security registration was completed in the name of the Japanese bank Co., Ltd. with the maximum debt amount of KRW 1.5 billion. (D)
On November 26, 1999, the Korea Asset Management Corporation transferred each right to collateral security on land 1 and 2 from Choung Bank, and completed each additional registration in its name, and applied for voluntary auction on real estate 1 and 2, which is the joint collateral of each right to collateral security, including land 1 and 2. Accordingly, upon the commencement of the procedure of auction on real estate 1 and 2, it shall be awarded the object of auction at the auction procedure.