부당이득금
1. All of the plaintiff's claims that the court changed in exchange are dismissed.
2. The Plaintiff’s total costs of litigation.
1. Basic facts
A. On November 21, 1992, the Plaintiff completed each registration of transfer of ownership based on sale and purchase with respect to C & 575 square meters (hereinafter “C land before annexation”) and D & 1,067 square meters (hereinafter “D land before subdivision”).
B. On August 1, 1994, the Plaintiff newly constructed a 77.31mm2 of a red sloping roof house (hereinafter “instant house”) on the land prior to the division, and completed the registration of initial ownership relating to the instant house.
C. On June 20, 2001, the Plaintiff newly constructed 156.2m2m2 and 12.96m2 in a warehouse (hereinafter “instant shopping mall”) on the land prior to the annexation, and completed the registration of ownership preservation on the instant shopping mall on June 20, 201. On the same day, the Plaintiff completed the registration of ownership creation on the instant shopping mall with H as “the maximum bond amount of KRW 70,000,000, the debtor,” and the registration of ownership creation on the instant shopping mall as “the Plaintiff.”
(hereinafter referred to as the "mortgage of this case"). D.
On April 4, 2002, at the request of Pungsan Agricultural Cooperatives, C land prior to the merger, D land prior to the division, and housing of this case were decided by the decision to commence compulsory auction (Tgu District Court Support E; hereinafter “First Auction Procedure”).
Accordingly, when the Plaintiff residing in the instant house and operated the restaurant in the instant commercial building experienced difficulties, the Defendant purchased the ownership in the first auction procedure around May 2003 in the land C before the merger, D land before the division, and the instant house in the first auction procedure, and acquired the ownership. The Plaintiff continued to reside in the instant house and operate the restaurant in the instant commercial building.
E. On March 5, 2007, the Plaintiff requested H, a mortgagee of the instant collective security, to transfer the instant collective security to the Defendant, and if H transfers the instant collective security to the Defendant, the amount equivalent to 1/3 of the total amount of debt each year by adding the interest calculated at the rate of 3% per month from the end of March, 2010 to the end of March.