부당이득금
1. The defendant, for the plaintiff A, 193,38,561 won and 168,715,830 won among them, and for the plaintiff B, 128,925,707 won and the defendant.
Basic Facts
A. The defendant is the defendant's punishment against the plaintiff A, and the plaintiff B is the plaintiff's children.
D is the spouse of Plaintiff A and the mother of Plaintiff B, and died on October 4, 2014.
D. There is no other property inheritor except the plaintiffs.
B. The Defendant’s ownership from 200 square meters in Seocheon-gun E, Chungcheongnam-gun, Seocheon-gun, 1250 square meters, F 768 square meters in lots, G 478 square meters in lots, and H 884 square meters in lots (hereinafter referred to as “Defendant’s real estate”) is the Defendant’s ownership since 200, and the first large 907 square meters in lots and one-story living facilities (general restaurants) with one-story 179.245 square meters in place of the 168 square meters in the 179.245 square meters in a single-story steel-frame structure (hereinafter referred to as “Plaintiff’s real estate”) is the Plaintiff’s ownership since 198.
C. Around 2011, the Defendant’s real estate was established with the maximum debt amount of KRW 91 million, the debtor, the Defendant, and the judicial association of the mortgagee, which completed the registration on August 30, 2009, as well as the maximum debt amount of KRW 39 million, which completed the registration on July 30, 2009, as well as the right to collateral security, which is the debtor, the Defendant, and the judicial association of the mortgagee.
Plaintiff
On June 12, 2003, the maximum debt amount of 146 million won which completed the registration on June 12, 2003, and the right to collateral, which is the plaintiff A and the right to collateral security, has been established.
On May 21, 2011, Plaintiff A entered into a contract to sell Plaintiff’s real estate in the purchase price of KRW 400 million, and Defendant’s real estate in the purchase price of KRW 430 million.
L, before completing the registration of ownership transfer of each of the above real estate, L borrowed KRW 200 million from M as a security by determining 3% of interest per month, and received KRW 200 million. The registration of ownership transfer was not completed due to the omission of the seal between the mortgage contract documents, and the above sales contract was revoked.
Accordingly, M filed a lawsuit against the plaintiff A and the defendant on June 13, 2011 seeking registration of the establishment of a neighboring mortgage, and on May 2, 2012, the Daejeon District Court red support "M" was "M, the defendant with respect to the defendant's real estate, and the plaintiff Eul's real estate.