부당이득반환
1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. 1) The First Bank Co., Ltd. (hereinafter “Seoul Bank”) (hereinafter “the first Bank”), i.e., loans to C Co., Ltd.
C Co., Ltd. (hereinafter “C”) on March 24, 1993
) A loan of 480,000,000 won for general loans, and D, E, and F with respect to the above loan obligations, were jointly and severally guaranteed by the Japanese bank. 2) On December 27, 1994, in order to secure the above loan claims, the Japanese bank received 624,00,000 won for the maximum debt amount for the real estate stated in the separate sheet from E and F, and the debtor was set up as C, the mortgagee, and the mortgagee as the Japanese bank.
3) On January 12, 1995, the Japanese bank loaned 490,00,000 won for real estate mortgage loans to C, and D, E, and F jointly and severally guaranteed with respect to the above loan obligations. 4) The Japanese bank was established a joint collateral on real estate as stated in the separate sheet from E and F as of January 12, 1995, with a view to securing the above loan claims, the maximum debt amount is KRW 637,00,000, the debtor, the mortgagee, and the mortgagee as the Japanese bank.
B. G’s acquisition of ownership: (a) purchased real estate listed in [Attachment List No. 3 from H on February 25, 1997 with H, and completed the registration of ownership transfer on February 27, 1997 with 1/2 equity shares; (b) purchased 1/2 equity shares from H on May 20, 2005, and completed the registration of ownership transfer on June 24, 2002.
G has purchased the real estate listed in attached Tables 1 and 2 from I on September 20, 202, and completed the registration of ownership transfer on December 3, 2002.
C. On July 9, 1999, the Japanese bank transferring the loan claim against C of the Japanese bank (=480,000,000,000 won), overdue interest of KRW 529,391,227 (i.e., overdue interest of KRW 480,00,000 on March 24, 1993) to the Defendant (i.e., overdue interest of KRW 325,25,888 won on January 12, 1995 for overdue interest of KRW 490,00,000,000,000,000 for overdue interest of KRW 643,247,000,000 on January 14, 1995).