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(영문) 대전지방법원홍성지원 2019.11.13 2019가단30266

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On February 25, 2016, the Defendant completed the registration of ownership transfer regarding each of the lands listed in the separate sheet 1 through 5 (hereinafter “Defendant’s real estate”).

On March 7, 2014 or December 23, 2015, the Plaintiff completed the registration of initial ownership as to each building listed in the attached Tables 6 through 9 (hereinafter “Plaintiff’s real estate”).

B. On July 5, 2016, the Plaintiff completed on July 5, 2016 the registration of the establishment of a collateral for the real estate owned by the Plaintiff to C with the maximum debt amount of KRW 300 million, the debtor, and the mortgagee C.

C. On July 4, 2016, the Defendant entered into a mortgage agreement with C to provide real estate owned by the Defendant as a security for the Plaintiff’s obligation to C, and on July 5, 2016, the establishment registration of the mortgage was completed with respect to the real estate owned by the Defendant as the maximum debt amount of KRW 300 million, the debtor, the debtor, and the mortgagee C.

On September 20, 2012, D Co., Ltd. completed the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 600 million, the debtor, the plaintiff, and the mortgagee Co., Ltd., D on September 20, 2012. On May 30, 2013, D completed the registration of establishment of a neighboring mortgage with respect to the real estate owned by the defendant, with the maximum debt amount of KRW 480 million, the debtor, the plaintiff, and the

E. On March 7, 2014 and January 7, 2016, D Co., Ltd. completed the registration of the establishment of a neighboring mortgage on the real estate owned by the Plaintiff as the joint collateral of each of the above collective security interests.

F. On March 29, 2017, D Co., Ltd. completed a supplementary registration prior to the partial transfer of the right to collateral security on the ground of the payment by subrogation of the finalized claim part of the right to collateral security, which is the maximum debt amount of 480 million won as to each real estate listed in the separate list.

G. C applied for a voluntary auction to this court E on October 2016 based on the foregoing right to collateral security and rendered a decision to commence the auction. However, on August 4, 2017, the request for auction was withdrawn and the said auction was completed.

H. D Co., Ltd. around February 2017, 2017, based on each of the above collateral security rights, F of this Court.