부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The summary of the case is that the Plaintiff’s claim acquisition agreement with the Defendant constitutes an anti-social order juristic act or unfair juristic act, and thus null and void or should be cancelled as the Defendant’s declaration of intent by deception, and the Defendant seeks return of unjust enrichment equivalent to KRW 130 million of the down payment received from the Plaintiff against the Defendant.
In fact, on February 2013, the Defendant, a special purpose company under the Asset-Backed Securitization Act, was transferred by the National Federation of National Federation of Fisheries Cooperatives (NPL) the right to collateral security established on D land and ground (hereinafter “instant real estate”) owned by Jung-gu Incheon, Jung-gu, Incheon (hereinafter “the instant real estate”) in order to secure a loan claim against NPL, the National Federation of National Federation of Fisheries Cooperatives, which was a non-performing loan business, and a loan claim against NPL, the right to collateral security established on D land and ground.
At the time, the above collateral security was executed to Incheon District Court E, and the auction procedure for real estate was under way, so the defendant became the creditor by reporting the creditor's change in the above auction procedure.
On September 25, 2013, the Plaintiff entered into a contract with the Defendant to acquire the above claim and the right to collateral security, and paid 1.3 billion won down payment to the Defendant.
The main contents of the above contract are to be drawn up on the premise that the assignment of claims and the payment of the price of the transfer is to be made through an auction in connection with the payment of the price of transfer, and to be applied thereto.
Article 3 (Extension of Transfer Price and Payment Date) (1) The transfer price shall be the sum of KRW 1,300,000 (Won 1,300,000).
(2) The down payment shall be KRW 130,000 (Won 130,000), and shall be paid at the time of a contract.
(3) Any balance shall be KRW 1,70,000,000 (Won 1,170,000,000) and shall be paid by the deadline for the payment of the balance (on 30 December 2013).
Article 4 (Settlement of Transfer Price) (1) Legal expenses paid by the defendant to recover claims.