부당이득금반환 청구의 소
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant, around March 2009, lent the Plaintiff’s words C with interest of KRW 50 million per month and due date on March 2, 2010.
B. C completed the registration of the establishment of a mortgage over KRW 715 billion with respect to the Gangdong-gu Seoul Metropolitan Government D Building E (the interior of the building; hereinafter “instant building”) whose ownership transfer is registered under the Plaintiff’s name to secure the above loan obligation against the Defendant.
C. When it was difficult for C to pay interest on the above loan, C agreed to allow the Defendant to reside without compensation on the second floor of the above building until the building in this case is sold, and to pay half of the purchase price to the Defendant when the building in this case is sold.
Accordingly, from September 2010 to September 3, 2010, C resided in the second floor of the building as well as his family members.
On April 8, 2014, the Defendant filed a lawsuit against the Plaintiff seeking reimbursement of the amount equivalent to the amount of subrogated payment, after subrogated the Plaintiff’s principal and interest of loan to the Bank, which is a senior mortgagee on the instant building, to the Industrial Bank of Korea.
(Seoul Eastern District Court 2014Gahap102508). e.
On April 28, 2014, the Plaintiff sent to the Defendant a certification of the content that “A prompt recovery of creditors’ claims through a voluntary auction is favorable to arranging the instant building, but the Defendant paid the principal and interest of the loan to the Industrial Bank of Korea without the Plaintiff’s request for his own interest.” The Plaintiff sent to the Plaintiff a certificate of the purport that “The Plaintiff does not want to live any longer in the instant building due to the Defendant’s loss of confidence and confidence,” and thus, the Plaintiff’s removal from the instant building within one month.”
(f) around January 29, 2015.