부당이득반환 등
1. The Defendants: KRW 98,130,760 for each Plaintiff and KRW 5% per annum from November 5, 2013 to April 19, 2014.
1. Basic facts
A. On January 3, 2012, the Plaintiff (the Plaintiff, a corporation incorporated for the purpose of real estate sale and lease business, etc.) purchased KRW 101,250,000,00 from the Defendants, who are the father and father, the Defendants owned the Defendants for KRW 3,719 square meters (hereinafter “instant real estate”). The down payment of KRW 12,00,000 on the date of the contract, and the remainder amount of KRW 89,250,000 on the date of the contract, and the remainder amount of KRW 89,250,00 on the date of the contract (hereinafter “instant contract”). The special agreement is as follows. On the other hand, at the bottom of the instant contract, the number of the Daegu Bank (D) E is indicated as the deposit account for the purchase price.
1. A seller shall terminate the right to collateral security and limited real right (provisional seizure, provisional registration, etc.) simultaneously with the payment of any balance;
B. The Plaintiff deposited KRW 12,00,000,00 on January 16, 2012, and KRW 20,000,000 on January 18, 2012, and KRW 27,000,000 on January 27, 2012, and KRW 30,000,000 on January 31, 2012, and KRW 30,000 on February 28, 2012, and KRW 30,000 on the account under Defendant B’s name; and KRW 10,00,000 on March 30, 200 on the account under Defendant B’s name; and KRW 20,000 on April 20, 200, respectively.
C. On January 19, 2012, the Defendants completed the registration of ownership transfer on the instant real estate to the Plaintiff, and Defendant A, around April 20, 2012, prepared and issued a written confirmation to the Plaintiff that the Plaintiff was fully paid KRW 101,250,000 (hereinafter “instant confirmation”).
Even after the Defendants received full payment from the Plaintiff for the purchase price under the instant sales contract, they did not cancel the registration of collateral security and superficies creation under the name of the old-U.S. Mutual Savings Bank (hereinafter “former-U.S. Savings Bank”). Accordingly, the Plaintiff paid the Defendants (foreign F’s son) interest on the secured debt and paid the principal and interest on the secured debt to the old-U.S. Savings Bank as follows.