부당이득금
1. Of the judgment of the court of first instance, KRW 2,483,289, respectively, against the Defendants respectively, and the Defendants from June 17, 2013 to January 2015.
1. Basic facts
A. On September 5, 2005, the Plaintiff completed the registration of the creation of the right to collateral security (hereinafter “instant right to collateral security”) with respect to the real estate (hereinafter “the instant real estate”) indicated in the separate sheet owned by the Yongnam Hot Springland Co., Ltd. (Seoul Development Co., Ltd.; hereinafter “Before the modification”), the obligor’s hot spring tourismland, and the mortgagee’s right to collateral security (hereinafter “right to collateral security”) with respect to the real estate (hereinafter “the instant real estate”) as indicated in the separate sheet owned by 60% of the shares of Codefendant D Co., Ltd. (hereinafter “D”).
B. On December 28, 2005, the Plaintiff transferred to E a claim equivalent to KRW 1 billion, part of the secured debt of the instant right to collateral security, and completed the registration of partial transfer of the instant right to collateral security on January 2, 2006 due to the said assignment of claim.
C. Meanwhile, by filing a lawsuit with the Gwangju District Court Decision 2008Gahap386 against the hot spring tourismland, the F was sentenced to F with the judgment that “The hot springland shall pay F 957,000,000 won and damages for its delay.” Based on the above, the F applied for a compulsory auction (H, I, J, K, K, L, and G) on the instant real estate, and obtained a decision to commence the auction (hereinafter “instant auction procedure”).
Plaintiff
In addition, on December 23, 2010, E transferred all the secured debt of the instant right to collateral security to D, and completed all the registration of transfer of each share of the instant right to collateral security. However, at the time, E did not receive any consideration for the said assignment of credit from D.
E. At the instant auction procedure, D filed an application for demand for distribution with the claim amounting to KRW 2,272,197,587 of the secured debt of the instant right to collateral security, and the executing court distributed KRW 2,432,44,195 of the actual dividend amount, excluding the execution cost, to D, who is the mortgagee of the instant right to collateral security, 2,097,610,125 of the actual dividend amount.
F. D In the instant auction procedure on December 2, 201, the instant case.