부당이득금반환 등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts: (a) On November 9, 2007, Defendant C sold to the Plaintiff a total of 34.81/2 of the shares of net D (Death on August 12, 2004) (hereinafter “instant real estate”) by the Plaintiff; (b) written the following notes to the Plaintiff.
A 2 On November 21, 2007, Defendant C completed the registration of ownership transfer based on inheritance due to the agreement and division as of August 12, 2004.
③ On November 29, 2007, 11.605/2 of the instant real estate, 2333.2 to the Plaintiff, 11.605/2 to E, and 11.6/2 of the remainder 2333.2 to F, respectively (F shares were transferred to the Gridge, the Plaintiff’s representative on February 29, 2008). In such a case, the transaction amount entered in the real estate registration book is KRW 160 million.
④ The instant real estate was each set of the maximum debt amount of KRW 20 million, which caused the right to collateral security (H of the mortgagee), the right to collateral security (B of the maximum debt amount of KRW 15 million), the right to collateral security (J of the mortgagee), the maximum debt amount of KRW 36 million, the right to collateral security (K of the mortgagee), the right to collateral security (K of the right to collateral security), the amount of provisional seizure claim amount of KRW 142,688,227, the right to collateral security (K of the right to collateral security), the maximum debt amount of KRW 45 million, and the right to collateral security (L of the mortgagee), which caused the maximum debt amount of KRW 61,00,000,000 to the maximum debt amount of the instant real estate submitted by the Plaintiff, and cannot be fully confirmed as the right to collateral security (Evidence No. 1).
on November 17, 2009, on the basis of the entry in the distribution schedule of real estate auction cases dated November 17, 2009:
On March 4, 2008, an application for voluntary auction by the mortgagee L, was initiated on March 4, 2008.
(5) On January 1, 2008, the officially announced value of the instant real estate as of January 1, 2008 was KRW 5 million per square meter, and the instant real estate was sold in KRW 21.7 million through the real estate auction procedure.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1, and the purport of the whole pleadings.