대여금
1. Of the judgment of the first instance court, the part of the claim for return of unjust enrichment against Defendant C shall be revoked.
2. Defendant C is the Plaintiff 10,540.
The court's explanation of this part of the judgment on the claim for loans against the defendants is identical to the corresponding part of the judgment of the court of first instance, and thus, this part is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Recognizing the determination on the claim for unjust enrichment against Defendant C, the Plaintiff and Defendant C purchased a forest E-si 694 square meters (hereinafter “real estate before the instant partition”) on March 11, 2004, and completed the registration of ownership transfer as to each share of 347/694 out of the said land.
The provisional attachment registration in the name of creditor F on October 16, 2006, among the real estate before the instant partition, was completed in the name of creditor Samsung Life Insurance Co., Ltd. on January 29, 2008.
Pursuant to the agreement between the Plaintiff and the Defendant on August 12, 2008, the real estate before the instant partition was divided into 347 square meters in Pyeongtaek-si in the name of the Defendant C and 347 square meters in the name of the Plaintiff (hereinafter “real estate in the name of the Plaintiff”).
However, in the process of this case, the provisional attachment registration in the name of creditor C and the provisional attachment registration in the name of creditor Samsung Life Insurance Co., Ltd. was transferred.
The creditor Samsung Life Insurance Co., Ltd. applied for a compulsory auction on each real estate after the division of this case on the basis of the above provisional attachment on January 5, 2009, and on January 2, 2009, the auction was conducted upon the decision of compulsory auction by Suwon District Court of Suwon District on July 2, 2009, and sold at KRW 31,620,000 on August 31, 2009.
Accordingly, on November 16, 2009, the registration of cancellation of the ownership transfer registration under the name of the plaintiff was completed on August 12, 2008 with respect to the real estate under the name of the plaintiff on November 16, 2009, and on the same day, the registration of transfer of ownership was completed due to the compulsory auction for the above auction buyer with respect to the 347/694 shares in the name of the defendant C.
Since May 6, 201, the Plaintiff himself from among the real estate in the name of the Plaintiff.