부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The defendant completed the registration of creation of a mortgage on July 13, 2005 with respect to each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) with respect to each of the following real estates listed in the separate sheet (hereinafter “each of the instant real estates”) with respect to each of the maximum debt amounts of July 13, 2005, KRW 280,000,000,000 with respect to the maximum debt amount of November 9, 2005, and KRW 350,000,000 with respect to each of the said mortgages (hereinafter “first mortgage”) on January 22, 2007, respectively, as the registration of creation of a mortgage on September 28, 2010 with respect to each of the said real estates listed in the separate sheet (hereinafter “first and second real estates”), and as the registration of creation of a mortgage on September 28, 201 (the maximum debt amount of August 1, 2013).
On May 7, 2007, the Plaintiff completed the establishment registration of a neighboring mortgage (hereinafter “third-mortgage”) of KRW 400,000,000 with respect to the establishment of a mortgage on the real property of KRW 300,000,000 for the maximum debt amount (hereinafter “third-mortgage”) and the establishment registration of a mortgage of KRW 300,000,000 with respect to each of the real property listed in the attached Table 3-5 (hereinafter “third-mortgage”) on August 6, 2007, with respect to the establishment of a mortgage of KRW 300,000 with respect to each of the instant real property (hereinafter “third-mortgage”) on the maximum debt amount of KRW 350,00,000 with respect to each of the instant real property, the establishment registration of a mortgage of KRW 300,000 with respect to the maximum debt amount of KRW 50,000 on April 23, 2010 (hereinafter “six-mortgage”).
The Defendant applied for the commencement of a voluntary auction with respect to each of the instant real estate, and started the voluntary auction procedure to the District Court B and C, and each of the instant real estate was sold in total to KRW 2,259,00,000 in the said voluntary auction procedure.
On the date of distribution on March 9, 2015, the court of execution above shall order 5,01,360 won in the first order with respect to each of the instant real estate on the date of distribution, and 976,163,018 won, which is the full amount of the secured obligation, based on the first collateral security, to the defendant in the second order, and 350,000,000 won, and 1,200 won in the third order with respect to the plaintiff, based on the fourth collateral security.