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(영문) 의정부지방법원고양지원 2014.10.01 2012가합10485

근저당권말소

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 6,176,023 to the Plaintiff (Counterclaim Defendant) for each of the KRW 6,176,023 from February 5, 2013 to October 1, 2014.

Reasons

1. Determination on the plaintiffs' claim for restitution of unjust enrichment under the main claim

A. Basic facts 1) F.M. 7,484m2 (hereinafter “instant real estate”) in Gyeyang-gu, Manyang-si (hereinafter “instant real estate”).

(2) On March 14, 2007, on March 14, 2007, Plaintiff A, the children of Plaintiff A, and Plaintiff B, C, and D own 2/9 shares, respectively. (2) On March 14, 2007, Hanjin C&D Co., Ltd. offered the instant real estate as collateral and obtained a loan from the Korea Exchange Bank (hereinafter “Korea Exchange Bank”). On March 14, 2007, the Korea Exchange Bank completed the registration of the establishment of a mortgage on the instant real estate with the maximum debt amount of KRW 195 million, the debtor, Jjin C&D, and the Korea Exchange Bank with the Korea Exchange Bank (hereinafter “Korea Exchange Bank”); and (3) completed the registration of the establishment of a mortgage on the basis of the right to collateral security (hereinafter “mortgage 1”).

3. When the auction procedure was conducted upon receipt of a voluntary decision to commence auction on February 18, 201 with respect to the instant real estate from the Korea Exchange Bank to the Jinyang Branch G for the High Government District Court, the Plaintiffs requested the Defendant to pay a loan obligation to the Korea Exchange Bank on November 15, 201, and requested the Defendant to pay a loan obligation to the Korea Exchange Bank on behalf of the Defendant on November 15, 201, and the Plaintiffs jointly and severally agreed with the Defendant.

1. To pay to the defendant by up to 15.

No. 7 and No. 3, hereinafter referred to as "the loan certificate of this case" are the letter of performance (Evidence No. 7) and the following:

was prepared and proposed.

1. Principal borrowed: 150 million won;

2. Creditors: Defendant;

3. Period of reimbursement: Interest at least 30% per annum from January 16, 2012 to the date of full payment;

5. Conditions under which the Defendants jointly and severally repay the principal and interest, on behalf of the Korea Exchange Bank for an obligation to the Korea Exchange Bank for which the method of providing collateral was performed, and upon acceptance of the claim against the Korea Exchange Bank for the first time collateral (Provided, That where the principal obligor fails to pay the above collateral security obligation, the Defendants shall jointly and severally pay the principal and interest).