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(영문) 서울중앙지방법원 2020.05.08 2018가합586101

부당이득금

Text

1. The Defendant: 104,947,653 won to Plaintiff A, 24,425,698 won to Plaintiff B, and 104,425,698 won to Plaintiff C, and each of the said money.

Reasons

1. Basic facts

A. On May 1, 2005, E owned the land and its ground buildings listed in the separate sheet (hereinafter collectively referred to as “instant real estate”), and died on May 1, 2005, and thereafter, the Defendant and its children, who were the spouse of E, completed the registration of ownership transfer on July 21, 2006, based on the division of inherited property under the conciliation protocol, as to the instant real estate, as Defendant 3/9 shares and the Plaintiffs 2/9 shares, respectively.

B. After the death of E, the Defendant managed the instant real estate solely from the lessee of the building, and used it as living expenses, etc.

On August 20, 2014, the Defendant resided in the instant real estate F, and transferred the instant real estate to G again on April 11, 2016, and so far, the Defendant lived in the said Ho Lake together with H.

around January 2019, the Plaintiff, the Defendants, 10,000, 600, 000, 000, 000, 000, 000, 000, 000, 000, 000, 000, 200, 000, 000, 00, 200, 000, 00, 200, 000, 00, 200, 00, 000, 00, 200, 000, 000, 000, 000, 000, 200, 000, 000, 0000, 000,0000, 700,000,007, 000,000, 000, 28,005, 2005,

C. On July 30, 2007, the Defendant completed the registration of establishment of a mortgage on the instant real estate by the debtor, the maximum debt amount of KRW 300 million, and the debtor’s establishment of a mortgage on the instant real estate

Then, the Defendant borrowed KRW 160,000,000 from W from August 10, 201, and completed the registration of creation of a mortgage against W, Inc., the Defendant completed the registration of creation of a mortgage against W, the maximum debt amount of KRW 192,00,000,000, and the Defendant revoked the right to collateral security of V, Inc. on the same day.

In other words, on April 10, 2015, the Defendant KRW 160,000 from the Industrial Bank of Korea.