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(영문) 서울남부지방법원 2017.11.07 2016가단18306
부당이득금 반환
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Facts of recognition;

A. On September 11, 2006, the Korea Exchange Bank Co., Ltd. (1) established and transferred a right to collateral security (hereinafter “Korea Exchange Bank”) leased KRW 600 million to B on September 11, 2006, and completed the registration of the establishment of a right to collateral security (which is divided into KRW 4,793 square meters before D before and after D) and KRW 2,108 square meters (which is divided into KRW 679 square meters after E, and KRW 1,429 square meters in G, and KRW 287 square meters before H (which is divided into KRW 283 square meters before and after H), J forest and field 4,757 square meters, and KRW 5,284 square meters (which is divided into KRW 31,118 square meters before and after E, KRW 208,800,000) with respect to the registration of the establishment of a right to collateral security).

(2) On June 18, 2008, the foreign exchange bank transferred the above collateral security right claim to a limited company specializing in the foreign exchange system on the land of the said nine parcels on June 18, 2008, while the procedure for the auction of real estate rent for the said nine parcels of land was underway. On June 18, 2008, the foreign exchange bank completed the additional registration of collateral security transfer on the land of the said nine parcels of land.

(3) On January 2, 2009, Defendant A subrogated to the said limited company KRW 100 million, which is part of the above-mortgaged debt of the above-mortgaged mortgage. On June 30, 2009, Defendant A completed the additional registration of partial transfer of the right to collateral security on the said nine parcels of land due to partial subrogation of the finalized claim.

On the other hand, on February 13, 2009, the said limited liability company voluntarily withdrawn an application for auction with respect to the said nine parcels of land, namely, 675 square meters prior to Ocheon-si, G 1,429 square meters, 4 square meters prior to I, M2,189 square meters of forest land (hereinafter “instant E, G, I, and M”).

(4) On November 20, 2009, the above limited liability company transferred the claims, such as the remaining collateral collateral claim 507,574,158 won and interest thereon, remaining after Defendant A’s subrogation, to the Gyeonggi Mutual Savings Bank Co., Ltd. (hereinafter “Game Savings Bank”). On December 4, 2009, the Gyeonggi Savings Bank completed the additional registration of the entire share transfer of the right to collateral security on the ground of the transfer of the above finalized claim.

(b) The Suwon District Court N.N.

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