부당이득금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The plaintiff and the defendant are father children.
B. On July 4, 2003, the Defendant purchased, respectively, two above ground buildings (hereinafter “F station”) from E (the paper category was changed to a gas station site in Ulsan-gun, Ulsan-gun) on the same day, and completed the registration of ownership transfer on the above land and building on July 7, 2003.
C. On November 13, 2006, the Plaintiff purchased 244 square meters (the area of the division and the merger last 572 square meters, the land category was changed to the gas station site) prior to Busan-gun, Busan-gun, and paid the registration of ownership transfer after borrowing KRW 390,00,000 from H.
The plaintiff newly constructed a third-story gas station building on the above land and one parcel (hereinafter referred to as "I gas station"), and completed the registration of initial ownership on June 4, 2007.
E. On November 13, 2006, the Plaintiff completed on June 4, 2007 the registration of creation of a mortgage of KRW 720,000,000 with respect to the land owned by J Co., Ltd., and on November 25, 201, the registration of creation of a mortgage was cancelled on November 25, 201.
F. On March 22, 2007 for the purpose of securing loan loans, the Plaintiff completed on June 12, 2007 the registration of creation of a neighboring mortgage of the maximum debt amount of 400,000,000 with respect to the above ground buildings. The registration of establishment of a neighboring mortgage was cancelled on August 21, 2007.
G. On August 22, 2007, the Plaintiff completed the registration of the establishment of a neighboring mortgage of KRW 897,00,000 on the part of the Defendant with respect to the I gas station building and site, and the said registration was cancelled on September 23, 2011.
H. On October 11, 2010, K purchased 1,320,000,000 won in aggregate from the Plaintiff’s I gas station site and its ground building, and paid 800,000,000 won as down payment and intermediate payment to the Plaintiff. The Plaintiff decided to cancel the right to collateral security established on the building and site of I gas station, but failed to comply with it.