부당이득금
1. The Defendant’s KRW 14,217,970 for the Plaintiff and 5% per annum from October 17, 2018 to November 13, 2018, as well as for the Plaintiff.
1. Basic facts
A. B, on August 31, 200, obtained a construction permit for the new construction of a collective housing on the ground of the real estate listed in the separate sheet owned by it (hereinafter “instant land”).
B. On April 30, 2001, B entered into the Korea Housing and Commercial Bank Co., Ltd. (hereinafter “Korea Housing and Commercial Bank”) and the mortgage contract (hereinafter “mortgage contract”). On May 10, 2001, B completed the registration of the establishment of a neighboring mortgage in the name of the non-party bank with the maximum debt amount of KRW 220 million as to the instant land.
(hereinafter “instant collateral security”). C.
B, after constructing one unit of the apartment building on the instant land (hereinafter “instant apartment”), on August 29, 2003, the registration of ownership preservation was completed with respect to each partitioned building of the instant apartment.
On May 13, 2004, according to the application for voluntary auction by the non-party bank, the auction procedure for the land of this case was carried out (U.S. District Court C) and D on June 19, 2009, acquired the ownership of the land of this case by obtaining a successful bid for the land of this case at the above auction procedure and in full paying the sale price.
E. On July 13, 2005, the Defendant completed the registration of transfer of ownership on the ground of sale on the same day under the receipt No. 14017, July 13, 2005, as to the instant apartment No. 10-dong No. 101 (hereinafter “instant partitioned building”).
H. On October 18, 2016, the Plaintiff purchased the instant land from D on October 18, 2016, and completed the registration of ownership transfer in its name on October 26, 2016.
I. On January 23, 2017, D transferred to the Plaintiff the claim for land rent (the period: from June 19, 2009 to October 26, 2016) on the instant land, and notified the Defendant of the transfer of the claim on February 24, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2, and arguments.