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(영문) 서울동부지방법원 2016.08.24 2016가단106415
부당이득금
Text

1. The defendant is against the plaintiff KRW 394,659,72, which was distributed to the plaintiff in the Seoul Eastern District Court C real estate auction case.

Reasons

1. Facts of recognition;

A. The Defendant’s establishment of the right to collateral security 1) Esiopia Co., Ltd. (hereinafter “Esiopia”).

) On September 13, 2006, the buildings listed in the attached list (hereinafter “instant partitioned buildings”) from D are the partitioned buildings.

) 8th floor business facilities and neighborhood living facilities (including 41 sectionally owned buildings; hereinafter referred to as “instant condominium buildings”) located in Songpa-gu Seoul.

(2) D bears the obligation to the Defendant and transferred the claim of KRW 200 million out of the above purchase price claim to the Defendant for its performance.

Accordingly, on September 29, 2006, the notary public prepared and issued a promissory note No. 859 on September 29, 2006, which was made on November 30, 2006 the issuer’s name, the Defendant, the payee’s name and value, KRW 200 million, and the due date.

3) Thereafter D, Esiopia, and G Co., Ltd. (hereinafter “G”).

After changing the purchaser of the instant condominium into G, on October 30, 2006, the Plaintiff completed the registration of ownership transfer under the name of G concerning the instant condominium on October 30, 2006. Meanwhile, the Defendant completed the registration of ownership transfer under the name of G on the same day with respect to the instant partitioned building for the purpose of mortgage security under Section 2).

B. On March 20, 2007, the Plaintiff: (a) agreed with G to provide a credit guarantee for a loan obligation to be granted by G to a company bank; and (b) on the same day, G issued a credit guarantee certificate to guarantee a loan obligation to a company bank of G to guarantee a loan obligation of KRW 480 million, which is KRW 80 million out of KRW 60 million. (b) The Plaintiff jointly and severally guaranteed the obligation to G in the course of the said credit guarantee agreement.

In order to secure the claim for reimbursement against G, the Plaintiff shall be liable to the obligor on August 28, 2008 as to the instant partitioned building.

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