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(영문) 서울서부지방법원 2017.09.28 2017가단215592

부당이득반환등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's cause of action is as follows.

The Defendant transferred his claim for loans and collateral security on real estate to Nonparty A to Nonparty 1,750,000,000 won for transfer, and received KRW 200,000 from Nonparty 1,00,000,000 from Nonparty 1. The Defendant again transferred the above claim and collateral security on Company A to the Plaintiff at KRW 1,85,00,000,000,000,000. The Plaintiff paid the down payment to Nonparty Company 10,000

However, since the real estate, which is the object of the foregoing right to collateral security, is a property that can be disposed of with the permission from the competent authority because it is owned by the medical foundation, the transfer contract for the defendant's non-party company and the transfer contract for the plaintiff of the non-party company is null and void as it is an original impossible contract, or is impossible to implement due to the reasons attributable to the defendant or the non-party company, and the plaintiff seeks payment of KRW 100 million by exercising the right to claim the return of the down payment amounting to KRW 100 million against the non-party company upon cancellation of the transfer contract against the non-party company and the creditor'

In addition, when the plaintiff receives the assignment of claims from the non-party company, the defendant's employee deceivings the plaintiff as if the security right to be transferred in collusion with the non-party company is practicable, and let the plaintiff pay 8,071,200 won for auction expenses, such as the advance payment of auction, etc., so the defendant is obligated to pay 8,071,200 won as

2. Even if the Plaintiff assumed that the non-party company has any claim against the non-party company as alleged, the assignment of claims between the non-party company and the defendant was cancelled due to the non-party company’s default of the obligation to pay the balance, and accordingly, the non-party company.