부당이득반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in Gap evidence 1-1, 2, 2, 3, 4-1, 4-2 by reference to the whole purport of the pleadings.
On May 15, 2003, the Plaintiff purchased part of C Forest No. 4,413 square meters from B in Sungsung-si, and paid the full purchase price on the day of the contract.
B. However, around February 5, 2007, the aforementioned C Forest No. 4,413 square meters was divided into D forest No. 860 square meters, E forest No. 800 square meters (hereinafter referred to as “the instant real estate”), and with respect to the entire area of D forest No. 860 square meters and E forest No. 800 square meters on June 18, 2013 and 13/800 of the total area of D forest No. 860 square meters and E forest No. 800 square meters, the registration of ownership transfer was completed on June 3, 2013 in the future of the Plaintiff.
C. On the other hand, around May 18, 2004, B provided 20 parcels of real estate, including the instant real estate and the real estate C forest, etc., prior to the division into the ownership of the said real estate, as joint collateral, and obtained a loan from the Defendant, and created the right to collateral (hereinafter, “mortgage 1”) with the maximum debt amount of KRW 700 million. On December 31, 2012, B extended a loan of KRW 1.222 billion from the Defendant on the ground that the Defendant was the debtor, while taking out a loan of KRW 1.22 billion from the Defendant on the ground that he was the debtor, the debtor, the person holding the right to collateral, and the maximum debt amount of KRW 2 billion was set up on 20 parcels of the instant
(hereinafter referred to as "mortgage-mortgage") d.
On November 15, 2013, when the Plaintiff borrowed KRW 100 million from the Defendant, the Plaintiff created a right to collateral security of KRW 140 million with respect to the instant real estate, and the Defendant received KRW 100 million with respect to the title of debt repayment from the Plaintiff on November 29, 2013, and cancelled all of the aforementioned 1 and 6 collateral security on December 3, 2013.
2. The Plaintiff asserted and the Plaintiff’s assertion on the assertion were that on December 31, 2012, B borrowed KRW 1.22 billion from the Defendant, and the Plaintiff changed the establishment of a collateral security only for the remaining real estate except for the instant real estate in the joint collateral list.