부당이득금반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Facts of recognition;
A. On November 21, 2012, B took out a loan of KRW 50 million (i.e., KRW 45 million) from the E-In Savings Bank (hereinafter “E-In Savings Bank”) (hereinafter “E-In Savings Bank”), and offered as security the instant real estate No. 1623 Dong 601 (hereinafter “the instant real estate”) of Non-Incheon-si, Nowon-gu, 1623 Dong 301 (hereinafter “the instant real estate”) owned by B, and accordingly, the registration of creation of a neighboring mortgage was completed on November 23, 2012 with respect to the instant real estate as the maximum debt amount, KRW 65 million, and KRW 65 million as the E-In Savings Bank.
(hereinafter referred to as “instant collateral security claim,” and the registration of the establishment of the said collateral security (hereinafter referred to as “instant collateral security”) was made against B by the Bank.
On the other hand, the establishment registration of a mortgage in the name of the National Bank of Korea (hereinafter “National Bank”) prior to the instant real estate was completed with respect to the instant real estate, and the establishment registration of a mortgage in the name of the Defendant was completed on March 15, 2013, which was the maximum debt amount of KRW 100 million following the instant mortgage.
C. The Korean National Bank applied for a voluntary auction of the instant real estate as to the instant real estate as Busan District Court Branch D, and the said court rendered a decision of voluntary auction on March 20, 2014 and completed the registration of voluntary auction of the instant real estate on the same day.
(hereinafter “instant auction procedure”). D.
On March 31, 2014, ABK Savings Bank submitted a statement of claim to an auction court. On June 27, 2014, when the auction procedure of the instant case was in progress, it transferred the instant collateral security claim to a loan company (hereinafter “BF”) and completed a supplementary registration with regard to the instant collateral security on July 3, 2014.
E. On April 21, 2015, the Plaintiff purchased 56,80,000,000 won, including the instant right to collateral security (hereinafter “right to collateral security”) from the Defendant’s loan.