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(영문) 수원지방법원평택지원 2014.09.19 2013가합3943

부당이득금반환

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and his husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s wife is one of the Defendants, E and old.

B. On October 7, 1989, the Plaintiff acquired some shares of F Miscellaneous land F 25,179 square meters in Ansan-si and part of G 27,068 square meters in forest land and completed the registration of ownership transfer.

(hereinafter “instant real estate”). C.

D Around April 15, 2009, between E and E entered into an agreement between E to the effect that “350 million won shall be paid to E as the expenses for the progress of the fund raising project for the establishment of an investment company, and E shall carry out the fund raising project for one year and one month, and E shall pay 8 billion won created due to project feasibility in forty installments,” and the Defendants signed the said agreement as the guarantor.

1) On April 14, 2009, the Plaintiff entered into a mortgage contract with the Korea Mutual Savings Bank (the State) to jointly secure the instant real estate, etc. with a maximum debt amount of KRW 3.92 billion, and received a loan of KRW 2.8 billion from the Korea Mutual Savings Bank (the State) (hereinafter “instant loan”).

(2) On April 15, 2009, the Plaintiff issued to Defendant C a total of KRW 210 million cashier’s checks among the above loans, and Defendant C issued a cashier’s checks worth KRW 30 million to Defendant B on the same day.

E.1) The Korea Asset Management Corporation on July 21, 2010 (the note from the State)

D. (1) Upon the transfer of the right to collateral security mentioned in paragraph (1) and on August 12, 2010, the Plaintiff applied for the auction of the right to collateral security (Y. 2) (Y. 2) on November 25, 2010, the Plaintiff sold the instant real estate to I and completed the registration of ownership transfer to the same clan.

3) On November 24, 2010, the registration of creation of a mortgage in the nearest area transferred to the Korea Asset Management Corporation was cancelled on the 25th of the same month due to termination, and the auction of real estate was terminated on the 29th of the same month due to withdrawal on November 24, 2010.