beta
(영문) 광주지방법원 2017.11.09 2016가단519510

부당이득금

Text

1. Defendant C shall pay to the Plaintiff KRW 73,651,342 and the interest rate of KRW 15% per annum from March 29, 2017 to the date of full payment.

Reasons

1. On May 21, 1998, the Defendants asserted against the Plaintiff’s Defendants jointly and severally guaranteed the loan obligation when the network D borrowed KRW 30,000,000 from the livestock industry cooperative.

In order to secure the claim for indemnity against the Defendants, the above Deceased created a security interest on each of the instant real estate and each of the instant real estate in order to secure the Defendants’ claim for indemnity, 1,656 square meters prior to F, 932 square meters prior to F, G, 1,194 square meters prior to G, and 1,392 square meters prior to H, and if he fails to reimburse the indemnity by June 30, 200, he would dispose of the said real estate and appropriate the said real estate to the indemnity amount, and receive the remainder. In the event of an accident to the above Deceased, the Plaintiff, the spouse, agreed to receive it

The Defendants sold the above E land in KRW 17,50,00, and the above F land in KRW 22,560,000, and KRW 21,660,000, and KRW 21,570,000, and KRW 31,570,000, and KRW 10,360,342, out of KRW 30,00,00,000, were paid for the Defendants’ reimbursement of KRW 30,00,00, and thus, Defendant C left KRW 19,639,658.

Therefore, the Defendants jointly and severally pay to the Plaintiff the liquidation amount of KRW 19,639,658 deducted the remainder of the indemnity amount from the total purchase price of KRW 93,290,000. The Defendants are jointly and severally liable to pay the liquidation amount of KRW 73,651,342 and damages for delay. Defendant B is liable to implement the procedure for the registration of ownership transfer based on the return of unjust enrichment regarding each of

2. Determination as to the claim against the defendant B

A. The facts of recognition 1) D submitted a document stating the grounds for registration that the Defendant B purchased each of the instant real estate from D on June 25, 1999 to KRW 18,500,000, and KRW 30,000,000 from the Ganyang Livestock Cooperative on March 20, 197; and Defendant B received each loan from the Ganyang Livestock Cooperative on May 21, 1998; and Defendant B guaranteed each of the loan obligations arising therefrom.

7. 8. He will complete the registration of ownership transfer in his future.

3. The Defendants: (a) on July 1, 1999, from D on July 1, 1999, KRW 1,656 square meters in Jeonyang-gun E; (b) KRW 932 square meters in total before F; (c) KRW 1,194 square meters in total, and H.