부당이득금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On December 4, 2009, the Defendant concluded a loan transaction agreement (hereinafter “the loan transaction agreement of this case”) with the Plaintiff, which includes the following contents, and agreed to obtain the real estate listed in the separate sheet, the provisional attachment registration of this case and the cancellation registration of the establishment of a neighboring mortgage registration of this case, in order to secure the loan claims.
1. 4.2.0,00,000 won and 4.18.6. on December 18, 201, the expiration date of the loan period of December 18, 201 and the base rate of 0.27% per annum 18.27% per annum and damages for delay shall be calculated on a daily basis as 365-day basis.
9 All of the loan commencement date shall be executed on the loan execution method.
10. All repayment shall be made on the expiration date of the repayment method.
11. Payment of interest shall be made within the payment date fixed every one month from the date of lending the loan.
B. On December 17, 2009, the Defendant: (a) with respect to the real estate listed in the separate sheet with B on which the registration of ownership transfer was completed; (b) in order to secure future loans pursuant to the loan transaction agreement between B on December 17, 2009, the amount of maximum debt is KRW 61 billion; and (c) the obligor is the obligor’s “mortgage-mortgage-based contract” which is the Plaintiff.
B. On the same day, the registration of the establishment of a mortgage was completed on the ground of the instant mortgage contract, and the following registration was completed on the real estate listed in the attached list at the time.
On October 14, 2008, the claim amount for the decision of provisional attachment No. 2008Kahap461 of the attached list No. 1, 4, and 5 of the title of the right holder on the date of receipt of the real estate for the purpose of registration and other provisional attachment: The creditor of the amount of KRW 17.2 million: the contract amount on August 17, 2007, specified in the attached list No. 6 and No. 317 of the title of the C-mortgage creation: the debtor: D.