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(영문) 대전지방법원 서산지원 2018.01.31 2017가단4593

부당이득금 반환

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 14, 2007, the deceased, the father of the defendant B, completed the registration of preservation of ownership in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, hereinafter referred to as the “Special Measures Act”), on June 14, 2007, with respect to the land of this case consisting of 714 square meters and 1,200 square meters (hereinafter referred to as the “instant land”).

B. As to the instant land, the New Saemaul Depository completed the registration of creation of a mortgage on July 30, 2009, the maximum debt amount of 78 million won, the establishment of a mortgage on the debtor D, the Defendant C, the wife of Defendant B, the maximum debt amount of 50 million won on August 14, 2009, and the establishment of a mortgage on the debtor D, respectively.

C. As the network D dies, Defendant B, etc., his children, completed the registration of ownership transfer on May 11, 201 with respect to each of the instant shares of 1/6 out of the instant land.

On May 13, 201, upon the application of the new Saemaul Community Depository of the mortgagee, the voluntary decision to commence the auction of the instant land was rendered, and the instant real estate was sold on March 5, 2012 during the said voluntary auction procedure.

[Reasons for Recognition] Entry No. 1 of Eul and the purport of the whole pleading

2. Plaintiff’s assertion and judgment

A. The plaintiff asserts to the following purport.

Of the instant land, 1/3 shares are owned by the Plaintiff. The Defendants deceiving the Plaintiff as a procedure for dividing the instant land, while forging a letter of guarantee and a confirmation issued pursuant to the Act on Special Measures, thereby completing registration of ownership preservation in D alone.

As to the land of this case, on August 27, 2007, Defendant B established a right to collateral security with Defendant B, the National Agricultural Cooperative Federation of Korea, the maximum debt amount of 48 million won, and on July 30, 2009, Defendant B provided loans as litigation costs by establishing a right to collateral security with the debtor D, the right to collateral security (the maximum debt amount of 78 million won), the right to collateral security (the maximum debt amount), the right to collateral security (the debtor D, the right to collateral security), the right to collateral security (the maximum debt amount) and the maximum debt amount