부당이득금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
2...
1. Basic facts
A. On September 5, 2011, the Plaintiff borrowed KRW 150 million from the Defendant, and the maturity for payment was determined on September 5, 2012 as KRW 2.5% (3750,000) per month (hereinafter “instant loan”) and completed the registration of the establishment of a mortgage on the land in Gangseo-gu Seoul Special Metropolitan City C and D (hereinafter “each of the instant real property”) owned by the Plaintiff on the same day to secure the said loan obligation (hereinafter “instant loan”).
B. The Plaintiff repaid the Defendant the amount of KRW 3750,00 on October 4, 201, KRW 3750,000, KRW 3750,000 on the above loan obligation, KRW 1,1250,000 on November 7, 201, KRW 1,1250,00 on February 3, 2012, KRW 3755,00 on March 5, 2012, KRW 3750,00 on April 5, 2012, KRW 1,875,00 on May 5, 201, and KRW 1,875,00 on May 23, 2012, respectively.
C. On October 6, 2008, the Plaintiff borrowed KRW 300 million from the Nonghyup Bank Co., Ltd. (hereinafter “CF”) and completed the registration of creation of a neighboring mortgage with respect to each of the instant real estate in order to secure the said loan obligation, with the maximum debt amount of KRW 360 million, and with respect to each of the instant real estate as the Plaintiff and the obligor as the Nonghyup Bank.
On August 13, 2013, the Nonghyup Bank entered into an agreement on the transfer and takeover of the above asset sales contract with Korea-F&A Co., Ltd. and the co-defendant of the first instance trial on September 10, 2013, and again entered into an agreement on the transfer and takeover of the above asset sales contract with Korea-F&A Co., Ltd. and the first instance trial Co-defendant of the first instance trial (hereinafter “Korea-F&A”).
Accordingly, on September 12, 2013, the Nonghyup Bank notified the Plaintiff that it transferred all of the principal, interest, delay damages, and all of the security rights and other rights incidental thereto to the Plaintiff. At that time, the said notification reached the Plaintiff.
The Nonghyup Bank shall be the mortgagee of this case to Seoul Northern District Court E prior to the assignment of the above assignment.