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(영문) 서울중앙지방법원 2014.05.21 2012가합519482
부당이득금
Text

1. The defendant's amount corresponding to each of the plaintiffs stated in the separate sheet No. 2 "official fees" stated in the same list and this.

Reasons

1. Basic facts

A. The plaintiffs 1). However, in the case of the plaintiff A, his father obtained a loan from the defendant and received a loan from the defendant, and thereafter, the plaintiff A succeeded to the property of the plaintiff A by himself; hereinafter, the plaintiff is marked as the plaintiff even in the case of B's act without distinguishing the plaintiff from the plaintiff for convenience B and the plaintiff for convenience purposes. The defendant obtained a loan from the defendant around the day when the relevant damages for delay was calculated by calculating the damages for delay, and the defendant created a mortgage for securing the loan obligation (hereinafter collectively referred to as "the loan transaction of this case" in addition to each of the above loans and the creation of a mortgage, and it is classified as the type of "type loan transaction of this case" according to the type number.

(2) In the instant loan transaction, the Defendant’s prior form of loan transaction agreement and mortgage contract agreement was used.

Of them, in the first type of loan transaction, ① in the case of a loan transaction agreement, the form including the provision that “the stamp tax pursuant to the preparation of the loan transaction agreement is borne by the debtor” (hereinafter “instant customer burden provision”) was used. ② In the case of a mortgage contract, the form of the relevant provision (hereinafter “instant burden provision”) was used to have a physical string with which one of “debtor”, “establisher” or “creditor” can choose the subject of the cost of establishing the right to collateral security, and let the subject of the choice indicate Account in the case of the creditor’s choice.

In the form of a loan transaction agreement for the first type of loan transaction, a clause to the effect that “the cost of mortgage creation is borne by the debtor.” However, the mortgage contract is in accordance with the form of a mortgage contract that contains the instant selective clause.

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