부당이득금반환 등
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. Facts of recognition;
A. On October 201, 2001, the Plaintiff (the Plaintiff Company E) purchased 2,259.6 square meters of land on three other parcels of land (hereinafter “each of the instant land”). Around October 2001, the Plaintiff (the Plaintiff Co., Ltd.) (around October 2001, to newly build a commercial building on the said ground. Around 2,000,000 won was loaned from the Defendants and the new Central Saemaul Bank of Korea (hereinafter “instant loan”). The specific amount of loans is KRW 40 million from Defendant North Korea Saemaul Bank of Korea, KRW 50,000,000, and KRW 500,000,000,000 from Defendant North Korea Saemaul Bank of Korea, and KRW 500,000,000,000,000,000 in New Korea Saemaul Bank of Korea, and KRW 550,000,000,000,000.
B. The Plaintiff purchased each of the instant lands from J on October 30, 2001, and completed the registration of ownership transfer with respect to each of the instant lands on the grounds of sale and purchase on October 30, 2001. On the same day, the Plaintiff entered into a mortgage contract with the Defendants, the New Central Saemaul Depository, and the Defendant, the Plaintiff, and C as the obligor, B, to guarantee the obligations of the instant loans. As to each of the instant lands, the Defendants and the New Central Saemaul Depository completed the registration of creation of a neighboring mortgage on each of the instant lands.
C. Meanwhile, according to the Plaintiff’s failure to repay the debt of the instant loan, a voluntary auction of each of the instant land was commenced at the Jeonju District Court’s Gunsan Branch D (hereinafter “instant auction procedure”). On June 25, 2008, the said court prepared a distribution schedule of KRW 160,092,477, out of the amount to be distributed on the date of distribution on June 25, 2008, to the Defendant North Korea Saemaul Bank, the mortgagee, and KRW 200,087,039, to the Defendant North Korea Saemaul Bank, the applicant creditor, to the Defendant North Korea Saemaul Bank, and KRW 150,805,696, and KRW 208,89,085,085,00 to the Defendant New Korea Saemaul Bank, the applicant creditor, in one order.
[Ground of recognition] Facts without dispute, Gap 3, 10 evidence, Eul 1 to 21, 23 evidence.