부당이득반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either as a dispute between the parties or as a whole by taking account of the respective descriptions of Gap evidence, evidence of Nos. 1 to 6, 8, 10, 11, 12, and evidence Nos. 1 to 18, and the whole purport of the pleadings.
The plaintiff is a corporation established for the purpose of installment financing business, loan, facility leasing business, etc.
B. On November 24, 2006, the Defendant completed the registration of ownership transfer on the real estate listed in the separate sheet (hereinafter “instant real estate”). After that, the registration of ownership transfer was completed or revoked on the following [Attachment], and B is the husband of the Defendant.
( short) The debtor of the right to collateral security, set forth in No. 3, is set C on the register, but is deemed to be a clerical error in B). [S] On the date of registration, Defendant 78,000,000 won on July 24, 2009, the National Bank of Korea, 102,000,000 won on July 8, 2009, 200, Korea Bank of 102,000 won on August 31, 2010, Korea Bank of 102,000,000 won on August 31, 2010, 201, Defendant 147,60,000 won on February 22, 2011, Plaintiff 10,000 won on February 18, 201, Plaintiff 10, 140,000 won on July 14, 2013
[Attachment] The Defendant obtained a loan of KRW 60 million from the National Bank with respect to the right to collateral security No. 1 No. 1. The Defendant repaid the principal and interest of the loan on a regular basis from November 26, 2007 and repaid all the loans on July 7, 2009.
B was indicted as Suwon District Court Branch 201Gohap 164. The above court sentenced on May 17, 201 to seven years of imprisonment for B, which appealed as Seoul High Court 2012No1601. The above court sentenced five years of imprisonment for B on August 14, 2012. The above judgment became final and conclusive on September 1, 2012. The facts constituting the crime of B in relation to the instant case are as follows.
(1) B, on February 15, 2011, in order to obtain a certificate of the personal seal impression issued under the name of the defendant, which is a document necessary to obtain a housing mortgage loan from the plaintiff, the proxy form in the name of the defendant was forged, and on February 16, 2011, the written application for housing loan under the name of the defendant was forged and used.