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(영문) 서울서부지방법원 2019.01.23 2017가단236377

부당이득금

Text

1. All of the instant claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On January 16, 2014, Plaintiff A received each real estate listed in the separate sheet, which is Nonparty E or F (hereinafter “each of the instant real estate”). Of each of the instant real estate, each of the instant real estate, the registration of the establishment of each of the instant real estate, the maximum debt amount of which was KRW 400,000,000 and KRW 30,000,000,000,000,000,000,000,000,000,000,000,000, and each of the instant real estate owned by Nonparty E and F, was completed.

Plaintiff

A around that time lent KRW 200,000,000 for the above debtor, and KRW 150,000,000 for February 28, 2014 respectively.

B. On January 16, 2014, Plaintiff B received on the same registry office, and the same receipt number, the maximum debt amount of KRW 400,000,000, and the debtor E and F, with respect to each real estate of this case.

Plaintiff

B around that time lent KRW 200,000 for the above debtor.

C. On January 16, 2014, Nonparty J received on the same registry office, and the same receipt number, the maximum debt amount of KRW 400,000,000, and the debtor E and F, with respect to each real estate of this case.

(hereinafter “instant collateral security”). However, the J did not lend money for the said debtor at the time.

On March 18, 2014, the J concluded a claim transfer agreement with the Defendants and the Defendants on January 16, 2014 to transfer the principal and interest of the loan to the said obligors, and the instant mortgage transfer agreement to transfer the principal and interest of the loan to the said obligors on the same day. On the same day, the said obligor was notified of the assignment of the credit, and this reached March 19, 2014.

E. On March 18, 2014, the Defendants completed the supplementary registration of the transfer of the right to collateral security under the J’s name, which was established on each of the instant real property, on the ground of the transfer of the established claim on the same date, with the same District Court No. 3970.

F. The Plaintiff A and the Defendants auction each of the instant real estate to exercise their security rights.