부당이득반환
1. The plaintiff's appeal and the claim extended in the trial are dismissed, respectively.
2. The costs of the lawsuit after the appeal are filed.
1. Basic facts
A. On February 15, 200, the Geumsan Industrial Development Co., Ltd. (hereinafter “Gransan Industrial Development”) newly constructed the steel framed reinforced concrete structure 2nd floor underground and the 3rd floor above ground (hereinafter “instant building”) on the Daegu Dong-gu Daegu-gu 2 large 694 square meters and C large 405 square meters (hereinafter “each of the instant lands”). On February 15, 200, it created a collateral security on each of the instant lands and buildings with respect to the Hansan Life Insurance Co., Ltd. (hereinafter “Gsan Industrial Development”).
B. On November 20, 200, the development of the Geumsan Industry was carried out with the permission for extension of the fourth and fifth floors on the instant building (hereinafter “the extension of the instant building”). However, the approval for use of the extended building and the registration of real estate was not made.
C. Around 2001, the development of the Geumsan Industry entered into a transfer security agreement with respect to the establishment of a golf driving range (a total of golf networks, human-defindyd, 14 other machinery facilities related to a golf driving range; hereinafter “the instant movable property”) installed in the instant extension part and the instant extension part, and the instant extension part was excluded from the subject of transfer security agreement.
During that period, each of the instant lands and buildings was sold to B/L life from auction procedure around December 2003 upon the application for voluntary auction of B/L to B/L, which was a mortgagee, and thereafter the ownership of B/L was transferred to the Defendant on June 30, 2004. The extended part of the instant case was excluded from the subject of auction as a building other than that presented in the above auction procedure.
E. Around 2004, as to the instant movable property between the Defendant and the Defendant, a contract was concluded to succeed to a transfer security agreement succeeding to the term “a security agreement with the Development of Gold Industry” with respect to the instant movable property.
F. On November 22, 2005, the Development of the Geumsan Industry transferred the part of the extension of this case to the Plaintiff with a lien, such as construction cost (200 million won) for the extension of this case.
In addition, the transferor.