양수금
1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).
purport, purport, and.
In the judgment of this court, in the first instance court, the plaintiff filed a claim for restitution of unjust enrichment against the defendant by subrogation of the principal lawsuit B, and the defendant filed a claim for confirmation of non-existence of the obligation to return unjust enrichment against B by counterclaim, and the first instance court dismissed all the plaintiff's claim and dismissed the defendant's counterclaim.
As a result, only the plaintiff appealed against the part of the claim against the defendant against which the plaintiff lost among the judgment of the court of first instance, the scope of the judgment of this court is limited to the part concerning the claim against the defendant.
Basic Facts
Attached Form
The F clan (hereinafter “H clan”) was changed from January 18, 1987, including the transfer of E’s ownership to each real estate recorded in the list of real estate, as of January 10, 1934; hereinafter “foreign clan”) completed the registration of ownership transfer on the ground of the cancellation of the trust agreement on May 11, 1934 with respect to each real estate listed in the attached list of real estate (hereinafter “instant real estate”).
E Co., Ltd. (hereinafter “E”) completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) under No. 523 on the day of receipt of the same Housing Site Costs in the Suwon District Court on January 7, 2010 (hereinafter “instant sale”) on the ground of the sale of the instant real estate on January 7, 2010.
E obtained a loan of KRW 2.5 billion from the Industrial Bank of Korea on January 7, 2010, with regard to the instant real estate, the Industrial Bank of Korea completed on January 7, 2010, the establishment registration of mortgage (hereinafter referred to as the “mortgage”) with the debtor E, the Industrial Bank of Korea, and the maximum debt amount at KRW 3 billion.
On February 16, 201, upon the application of the Industrial Bank of Korea, which is the right to collateral security (right to collateral security), with respect to the instant real estate, the Suwon District Court D with regard to the instant real estate, which was established on February 16, 201.
The Bank shall proceed with the above auction procedure.