부당이득금
1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
1. Facts of recognition;
A. The contract to establish a security interest and the transfer of a right between N Co., Ltd. and N Co., Ltd. 1) The farm located in F Co., Ltd. and ten parcels (hereinafter “instant farm”).
) The network C operating the network (hereinafter referred to as “the network”).
On November 11, 2018, the deceased died on November 11, 2018, during the instant appellate trial proceeding, and taken over the instant lawsuit as co-inheritors by the Intervenor joining the Defendant, who is his spouse J and his children, K, L, and M, as co-inheritors.
On February 16, 2011, N Co., Ltd., a feed production company, and a notary public, whose following contents are as follows, is a notarial deed under a monetary loan contract for movable property transfer and security (hereinafter “notarial deed of this case”) signed by the law firm, No. 71, 201.
A) The subject juristic act was drawn up. The obligee N Co., Ltd.: (a) on February 9, 201, the interest rate of KRW 80 million is 8% per annum on the deceased; (b) on May 8, 2011, the payment date is 25% per annum; and (c) on the deceased borrowed this amount. The obligor borrowed the amount. The obligor transferred 4,500 pigs within the instant farm, his ownership, to the obligee N Co., Ltd. for the purpose of securing the performance of the said obligation; and (d) the obligee N Co., Ltd. acquired this by transfer. The obligee N Co., Ltd.: (a) on the recognition of compulsory execution: (b) on October 23, 2012, the obligor recognized that there was no objection even in compulsory execution if he fails to perform the monetary obligation under this contract; and (b) on the inheritance of N Co., Ltd. under this case’s execution clause was granted from N Co., Ltd. to the heir on January 8, 2013.
3. After that, on June 20, 2013, P transferred all of the claims on the instant notarial deed to the Plaintiff. On August 19, 2013, the Plaintiff was granted the execution clause succession to the instant notarial deed as a successor to P in order to enforce compulsory execution against the Deceased.
B. The defendant.