부당이득금
Among the judgment of the court of first instance, the part against the plaintiff B, which is equivalent to the following payment order, shall be revoked.
The defendant.
1. Facts of recognition;
A. On August 25, 1998, Plaintiff A established “D” (hereinafter “Nonindicted Company”) and operated the Nonindicted Company, and the Defendant is registered as Plaintiff A’s partner after December 7, 2002 as Nonparty A’s partner.
Plaintiff
B is the birth of the plaintiff A and the defendant.
B. The acquisition of F real estate and the loan (loan No. 1) made on June 7, 2007, Plaintiff A was merged with Flu-gu in Busan on June 21, 2007, with M & 136 square meters in M & M on June 21, 2007. The Plaintiff purchased B and completed the registration of ownership transfer in the name of G (Defendant’s wife) on June 13, 2007, and completed the registration of ownership preservation in G’s name on August 23, 2007 (the above land and building constitutes “land F” and “building F” on the side of “the starting Silution sheet” (the above land and building constitutes “land F” and “building F”).
F Real Estate (hereinafter referred to as “F Real Estate”).
() On April 13, 2009, the head office of the non-party company was transferred to F real estate. On June 13, 2007 and August 23, 2007, Plaintiff A offered F real estate as collateral and received a loan of KRW 140 million from H bank in the name of G under the name of G (attached Form 1 “H bank loan” as stated in the “the first schedule”).
(2) On the other hand, on June 7, 2007, Plaintiff B completed the registration of creation of a mortgage (the maximum amount of claims KRW 39 million; hereinafter “instant collateral security”) with respect to the land and building (hereinafter “I real estate”) owned by it, and borrowed KRW 30 million to the JA (KA; hereinafter “EA”) and borrowed KRW 30 million with respect to the registration of creation of a mortgage (hereinafter “the instant collateral security”). The Plaintiff used KRW 30 million as a fund to purchase the said F land.
C. The Plaintiff A, around June 30, 2009, prior to the transfer of F real estate and the first loan obligations, etc., on or around June 30, 2009, is the assets (including F real estate) of the non-party company as indicated in attached Table 1 to the Defendant on or around June 30, 2009.