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(영문) 부산지방법원동부지원 2016.11.15 2015가단217746

부당이득반환

Text

1. The Defendant shall pay to the Plaintiff KRW 60,93,416, and KRW 5% per annum from December 31, 2015 to November 15, 2016, and complete payment from the following day.

Reasons

1. Facts of recognition;

A. The establishment B of the right to collateral security with the defendant as the right to collateral security was granted loans from the defendant several times from December 1992 to May 2009, and each time it was set up B or C as the debtor, and B or C as the debtor with respect to each real estate listed in the No. 1 to No. 2 listed in the separate sheet No. 2 listed in the separate sheet No. 2 listed in the separate sheet No. 1 to No. 2 listed in the separate sheet No. 2 listed above, and B's attached list No. 4 (Death of May 4, 2006) was set up with respect to each real estate listed in No. 1, 3, and 4 listed in the separate sheet No. 2 listed below.

(1) On December 10, 1992, the registration of creation of a mortgage, which was based on the No. 1979 received on December 10, 1992, was completed with respect to each real estate listed in the No. 1, 3, and 4 List No. 1, 3, and 4 of the [Attachment No. 2] of the Changwon District Court Kimhae-do Office of December 1992.

(2) On June 28, 1996, the registration of creation of a neighboring mortgage (right to collateral security holders, Defendant B, and maximum debt amount of 75,000,000) was completed as of June 28, 1996 as of each of the real estate listed in the No. 1 and No. 2 in the No. 2 List No. 1 and No. 2 List as of June 28, 1996 and the No. 2 in the Attached List No. 40371 as of June 28, 1996.

(3) On January 22, 1997, the registration of creation of a mortgage on the real estate listed in the No. 1 and 3 annexed Table 1 as well as each of the real estate listed in the annexed Table 2 list as of January 22, 1997, the Changwon District Court Kimhae-si Office of 4770, which was received on January 22, 1997, completed the registration of creation of a mortgage on the part of the defendant, B, the debtor, the maximum debt amount of 45,000,000.

(4) As to each of the real estate listed in the table 1 and 3 attached to the right to collateral security (hereinafter “third collateral security”) dated September 14, 1999 and the No. 2 listed in the table 2 attached hereto, the Changwon District Court Kimhae Branch Office of Justice No. 59455, Sept. 14, 1999, which was received on September 14, 1999, causes the mortgagee, the debtor, the obligor, and the maximum debt amount of 150,000,000.