부당이득금반환 등
1. Revocation of the first instance judgment.
2. The defendant is the Gwangju District Court with respect to the amount of 740 square meters in Gwangju Mine-gu.
1. The Plaintiff is a corporation established for the purpose of purchasing non-performing loans and managing assets of purchased bonds.
On August 28, 2008, C et al. filed a lawsuit against Gwangju District Court Decision 2008Da70829, April 23, 2002, seeking the payment of the remaining loans of 389,767,620 won under the loan transaction agreement, and the interest and delay damages thereon, which was decided for claimant on November 20, 208. The above judgment became final and conclusive on December 16, 2008.
The Plaintiff acquired the principal and interest of the loan from the trustee in bankruptcy with Song-sung (Seoul).
【Ground of recognition】 An without dispute, entry of Gap Nos. 1, 2, and 3
2. A claim against the defendant D for the cancellation of the ownership transfer registration of this case
A. On April 19, 2006, the Defendant was serving in the company located in Gangnam-gu Seoul as a result of living in Seoul with D and Dong branch, and D was living in Gwangju. On April 19, 2006, D completed the registration of creation of mortgage (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed 582 square meters prior to I in Gwangju Mine-gu, and H 1,342 square meters (hereinafter “I and H real estate”) and B 740 square meters (hereinafter “instant real estate”).
3) On November 1, 2007, D completed the procedure for the registration of ownership transfer of the instant real estate to the Defendant on November 1, 2007 with the Gwangju District Court No. 193691, Oct. 29, 2007, which was the receipt on Nov. 1, 2007, due to the payment in kind as of Oct. 29, 2007. Accordingly, D’s repayment letter prepared on Nov. 1, 2007, prepared by D as of Nov. 1, 2007, “D acquired the instant real estate as a collateral to borrow and secure KRW 200 million from the Defendant on Apr. 19, 2006, and transferred the instant real estate to payment in kind for KRW 63 million on Oct. 29, 2007, the remainder of the loan.