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(영문) 수원지방법원안양지원 2019.10.10 2018가단116512

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On June 29, 2007, the Plaintiff decided to purchase from Nonparty C and D for KRW 1.338 billion and to pay part of the purchase price, and the amount of KRW 400 million from the Defendant to September 29, 2007 was determined at the rate of 3% of the interest per month for three months from June 29, 2007 to September 29, 2007 (hereinafter “instant loan”), and the Defendant directly pays KRW 400 million to C and D, and the interest for three months shall be determined at the rate of 5% per month, which shall be borne by C and D.

On June 29, 2007, C, and D, who received KRW 400 million from the Defendant, drafted a loan certificate with the following contents (hereinafter “the loan certificate of this case”) to the Defendant, and granted the Defendant the registration of the establishment of a mortgage over the Defendant’s neighboring residence by the obligor C, D, and mortgagee as the receipt of the maximum debt amount No. 21038 on June 29, 2007, with respect to KRW 1,313 square meters of forest land, G, and 840 square meters of forest land owned by him.

[Attachment Deed] The above amount shall be borrowed at 3% of the monthly interest rate between June 29, 2007 and June 29, 2007 ( September 29, 2009). However, the interest for three months shall be paid in advance: (a) the borrower borrowed at 5% of the overdue interest rate for the unpaid monthly interest after three months: (b) C; (c) the Plaintiff, for the payment of the interest of the instant loan and the expenses for the creation of neighboring mortgage, etc., on the amount of 759 square meters of I forest land and 755 square meters in the name of Nonparty H; (d) the debtor, the mortgagee of the right to collateral security, the defendant, and the maximum debt amount of KRW 100 million (hereinafter “the creation of mortgage of this case”) as of June 29, 2007 and the registration of the creation of superficies of the Defendant (hereinafter “registration of superficies of this case”) under Article 21037 of the same day.

As the Plaintiff failed to pay KRW 400 million to the Defendant, C, D repaid KRW 400 million to the Defendant at the end of September, 2007.

On October 29, 2008, the Plaintiff paid KRW 50 million to the Defendant under H’s name. On October 30, 2008, the registration of the establishment of a mortgage and the registration of the creation of a superficies in the instant case was terminated on October 29, 2008.