부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion
A. The Plaintiff issued a certificate of borrowing KRW 390,00,00 (including interest of KRW 100,000,000) to the Defendant, when the Plaintiff’s issuance of a promissory note 4 (total face value of KRW 232,650,00) and one promissory note 61,60,000 issued by the Korea Industries Co., Ltd. (total face value of KRW 61,60,00) issued by the Defendant and the Plaintiff’s issuance of a certificate of borrowing to the Defendant around 206.
B. On September 12, 2006, the Plaintiff made the Plaintiff’s husband E borrow KRW 200,000,000 from the Defendant in order to repay the collateral security obligations established in the area of 2,314 square meters and D 2,020 square meters and D 2,020 square meters.
C. On June 9, 2008, the Plaintiff issued a certificate of borrowing KRW 370,00,000, in addition to the certificate of borrowing KRW 390,000,000 issued earlier, with the sum of the principal and interest on the above discount of the bill and the debt due to the borrowing of money at KRW 730,00,000 by coercion by the Defendant.
On the other hand, on August 21, 2008, the Defendant applied for a compulsory auction of real estate on four parcels, including the Gu-U.S. 2,314 square meters, in the Gu-U.S. Kimcheon Branch of the Daegu District Court on the basis of a notarial deed as to the principal and interest of the above debt, and on the premise that the amount of debt owed by the Plaintiff to the Defendant is KRW 730,000,000,000 on November 6, 2008, under the premise that the amount of debt owed by the Plaintiff against the Defendant is KRW 730,000,000,000 on the above debt, instead of transferring the ownership of the above four parcels, the Defendant acquired approximately KRW 270,00,000 on the aggregate of the collateral debt established on the above four parcels, and received KRW 100,000,000 on the remainder from the Defendant in cash.
E. However, the actual amount of debt to be paid by the Plaintiff to the Defendant at the time of the agreement on payment in kind was either 243,780,000 won or 138,60,000 won out of the relevant debt to be paid at least 390,000,000 won.
Nevertheless, the defendant deceiving E as if the amount of debt of the plaintiff was 730,000,000, and as such, E is the ownership of the above four parcels of real estate equivalent to the market price of 1,00,000,000.