beta
(영문) 서울서부지방법원 2020.11.20 2020나45824

부당이득금

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Basic facts

A. In relation to the Plaintiff and C, on February 3, 2015, on the share of 112/767 square meters in Dongdaemun-gu Seoul Metropolitan Government D major 767 square meters, the Plaintiff completed the registration of the establishment of a mortgage over the maximum debt amounting to KRW 45 million with the Plaintiff as a mortgagee on February 3, 2015, and thereafter, from around that time, the Plaintiff would pay a sum of KRW 40 million to the Plaintiff at 2% interest per month (hereinafter “the instant loan”).

(2) On May 27, 2019, when C paid only some interest on the instant loan, the Plaintiff received a decision to voluntarily commence the auction procedure with the Seoul Northern District Court E on May 27, 2019.

(3) On June 21, 2019, C paid the instant loan amount to the Plaintiff as KRW 45 million, and the Plaintiff withdrawn the said auction and cancelled the registration of establishment of the said relocation.

(4) On June 20, 2019, the Plaintiff, as Seoul Northern District Court Decision 2019Kadan900, revoked the provisional attachment order on July 30, 2019, on the following: (a) on June 20, 2019, the Plaintiff was rendered a decision on the provisional attachment of real estate at KRW 30 million with respect to F land, buildings, etc. owned by C.

B. On May 2, 2019, the Defendant and C filed a criminal complaint against the Defendant with the purport that the Defendant, who arranged for the real estate exchange contract between G and C on March 4, 2018, should pay the case fees of KRW 20 million with respect to the real estate exchange contract between G and C, by deceiving the Defendant that he/she should pay the case fees of KRW 20 million with the general members of the clan, and the Defendant and C thereafter withdraw the criminal complaint filed against the Defendant.

“The content of “C” was drawn up on May 16, 2019, and C, as “C has agreed smoothly with the Defendant, so this complaint is entirely revoked.”

(2) On May 20, 2019, a letter of withdrawal of a complaint was prepared on May 20, 2019. (2) In the above criminal case, the Defendant stated that the real estate sales contract in the name of C was de facto dead, and C also did not return KRW 20 million and that it was returned to the Defendant and C.