부당이득금반환 등
1. The judgment of the court of first instance is modified as follows.
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is against the Plaintiff (Counterclaim Defendant).
The principal lawsuit and counterclaim shall be judged together.
1. Basic facts
A. On August 10, 2004, the Plaintiff, on August 10, 2004, registered the ownership transfer of a factory building, etc. located in Busan-si and the registration of the establishment of a neighboring mortgage, etc., shall be deemed to be a “non-dried factory” if all of the above real estate is referred to as “non-dried factory”.
A) The agreement to trust the registered name (hereinafter “instant title trust agreement”) (hereinafter “instant title trust agreement”).
(2) On September 14, 2004, the registration of transfer of ownership with respect to an additional factory was completed to the Defendant on September 14, 2004. [The Plaintiff and the Defendant agreed on August 10, 2004 to sell the additional factory to the Defendant for the purchase price of KRW 1,30,000,000,” and the above transfer of ownership with respect to an additional factory is based on the title trust agreement of this case, and the registration of transfer of ownership with respect to the above additional factory is based on the title trust agreement of this case. The grounds for the registration of transfer of ownership are “trade on September 14, 2004.”
[2] On February 27, 2004, the Plaintiff completed the registration of creation of a mortgage (hereinafter “the first collateral mortgage”) with respect to the sub-factory by obtaining a loan from the E bank prior to the completion of the said registration of ownership transfer on February 27, 2004. The Plaintiff completed the registration of creation of a mortgage (hereinafter “the first collateral mortgage”), the maximum debt amount of which is KRW 504,000,000, and the debtor’s neighboring mortgage as the Plaintiff. After the completion of the said registration of ownership transfer on February 28, 2005, the debtor of the first collateral mortgage was changed to the Defendant on February 28, 2005.
3) On October 26, 2007, the Plaintiff was granted a loan from E bank after the completion of the registration of the transfer of ownership, and the registration of the establishment of the creation of the neighboring mortgage over the obligor (hereinafter referred to as the “second neighboring mortgage”) with respect to the secondary factory on October 26, 2007.
(4) After the completion of the registration of transfer of ownership, the Defendant received a loan from the E bank and completed the registration of transfer of ownership, and (1) on December 22, 201, 201, KRW 576,000,000.